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. 32 : Depreciation–Plant and machinery installed for generation of power is eligible for additional depreciation under clause (iia) as electricity is covered in the meaning of ‘article or thing’. [S. 32(1)(iia)]
PCIT v. NTPC SAIL Power Co. (P) Ltd. (2019) 178 DTR 53 / 103 taxmann.com 398 / 308 CTR 838 (2020) 428 ITR 535/ 308 CTR 838 (2020) 428 ITR 535 (Delhi)(HC)
S. 22 : Income from house property–Rental income from letting out of stock-in-trade was consistently held to be taxable under the head income from house property–Held, consistency principle to be followed. [S. 28(i)].
CIT v. Gopal Das Estates & Housing (P) Ltd. (2019) 308 CTR 201 (Delhi)(HC)
S. 10AA : Special economic zones–Conditions in section 10AA(4) are to be satisfied on a unit wise basis and not on an entity basis- Once the claim was allowed in the first year, it could not be denied in the third year. [S. 10AA(4)]
PCIT v. Macquarie Global Services (P) Ltd. (2019) 178 DTR 27/ 102 taxmann.com 272/ 311 CTR 929 (Delhi)(HC)
S. 10A : Free trade zone-Expenditure incurred in foreign exchange on communication/internet charges are to be excluded from total turnover.
CIT .v. Ness Technologies (India) (P) Ltd (2019) 307 CTR 588 / 174 DTR 260 (Bom.)(HC)
S. 2(31) : Person – Status of an entity incorporated abroad has to be determined even in India, according to the law of the country where the entity is incorporated. [S. 74, 80, 139(3)]
Aberdeen Institutional Commingled Funds LLC & Ors. v. AAR & Anr. (2019) 262 Taxman 346/ 177 DTR 1 / 308 CTR 287 / (2020) 421 ITR 183 (Bom.)(HC)
S. 2(22)(e) : Deemed dividend- Income cannot be taxed in the hands of the shareholders unless it is shown that the monies have been received by them.-Alleged admission- Matter remanded [ S.254 (1) ]
Ramesh V. v. ACIT (2019) 177 DTR 105/ 104 taxmann.com 292 / 309 CTR 87/ ( 2020) 420 ITR 10 (Mad.)(HC) Ramu S. v. ACIT (2019) 177 DTR 105/ 309 CTR 87/ ( 2020) 420 ITR 10 (Mad.)(HC)
S. 2(14)(iii) : Capital asset – Agricultural land – land sold being situated within municipal limits of Thanesar City – AO rightly considered land as non-agricultural land — Contention that benefit of S 54F is to be given could not be accepted since it was not raised before any of the lower authorities. [S. 45, 54F]
Gurdeep Singh v. PCIT (2019) 307 CTR 117 / 174 DTR 381 (P&H)(HC)
S. 264 :Commissioner – Revision of other orders – Amount mistakenly paid as tax- Revision is not maintainable – Duty of the revenue to refund the amount- Substantial justice should prevail over technical considerations . [ S.119 ]
Karur Vysya Bank Ltd. v. CIT (2019) 416 ITR 166 / 311 CTR 824/ 184 DTR 8(Mad)( HC)