This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 43D : Public financial institutions-Co-Operative Bank–Non performing assets (NPA)-Accrual of interest income- Provision is applicable to Co -Operative Societies–Amount transferred to overdue interest Reserve (OIR) by debiting the interest received in profit and loss account, cannot be assessed on accrual basis. [S. 145]
PCIT v. Solapur District Central Co -Op. Bank Ltd.( 2019) 261 Taxman 476 (2020) 428 ITR 306 (Bom.)(HC)/PCIT v. Laxmi Co-Operative Bank Ltd. ( 2019) 261 Taxman 476 / (2020) 428 ITR 306 (Bom)(HC)
S. 37(1) : Business expenditure-Amortized premium on investment in govt .Securities held under category “Held to Maturity”) (HTM) is held to be revenue expenditure.
PCIT v. Laxmi Co -Operative Bank Ltd. (Bom.)(HC) (UR )
S. 10(23C) : Educational institution- Exemption cannot be denied on the ground that in isolated case few institutions run by the Trust may not fulfil the requirements. [S. 10 (23C)(iiiab)]
CIT(E) v. Deccan Education Society ( 2019)173 DTR 323 / 306 CTR 525(Bom.) (HC)
Income Declaration Scheme 2016 (IDS) -Finance Act , 2016 ( 2016) 381 ITR 134 (St) (S. 178 to 196) , ( 2016) 384 ITR 165 (St)- ( Refer AIFTPJ. July 2016 )
S.195: Power to remove difficulties- Not depositing the first instalment with in time – Board refusing to condonation of delay – Concession and excess indulgence would demotivating effect on honest taxpayers making regular and prompt tax deposit -Dismissal of application is held to be justified [ S.184, ITA, S.119 Art.14 ]
Sadhana R.Jain v CBDT ( 2019) 174 DTR 385/ 307 CTR 207 / 103 taxmann.com 70 (Bom) (HC) Editorial order of High Court set aside , Sadhana R. Jain v. CBDT (2022) 287 Taxman 562 (SC)
S.37(1): Business expenditure — Provision for damaged goods -Held to be allowable .
Rasna P. Ltd. v. DCIT (2018) 63 ITR 28 (SN)(Ahd) (Trib)
S.28(i):Business Loss — Soft drinks — Product having limited shelf Life —Non useable or non saleable which was destroyed – Allowable as business loss .
Rasna P. Ltd. v. DCIT (2018)63 ITR 28 (SN)(Ahd) (Trib)
S.28(i): Business loss — Litigation and bona fide dispute about goods at Bangladesh border – Foreseeable Loss — Held to be allowable . [ S.37(1), 145 ]
Rasna P. Ltd. v. DCIT (2018) 63 ITR 28 (SN)(Ahd) (Trib)
S. 54F : Capital gains – Investment in a residential house -Investment in new asset is greater than capital gains -Partly out of sale proceeds and partly with bank Loan —Exemption is available [ S.45 ]
Kayvanbhai Surendrabhai Huttheesingh v. ITO (2018) 63 ITR 17 (SN) (SMC)(Ahd) (Trib)
S. 147 : Reassessment -No tangible material- Reassessment is held to be not valid [ S.148 ]
DCIT v. Sandvik Information Technology AB (2018) 63 ITR 19 (SN)(Pune) (Trib)
S.253: Appellate Tribunal – Tax Effect below prescribed limit -Appeal is not maintainable .
DCIT v. Talwar Mobiles P. Ltd. (2018) 63 ITR 18(SN) (Hyd) (Trib)