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. 36(1)(iii) :Interest on borrowed capital – Advance to sister concerns without interest – Having sufficient interest free funds – Disallowance of interest cannot be made .

CIT v. Malhotra Book Depot. (2019) 416 ITR 221 (P&H) (HC)

S.28(i): Business loss- Sale of Fertilizer Bonds received as subsidy from Government in lieu of cash — Allowable as business loss . [ S. 2(14) ]

PCIT v. Gujarat Narmada Valley Fertilizer and Chemicals Ltd. (2019) 416 ITR 144/ 266 Taxman 19 (Mag.)/ 311 CTR 556 / 184 DTR 84(Guj)(HC)

S. 246A : Appeal – Commissioner (Appeals) – Appealable orders – levy of interest – Appeal is not maintainable unless tax liability is challenged .[ S.220 (2) ]

S. Appaswamy. v. DCIT (2019) 416 ITR 42/ 311 CTR 650/ 183 DTR 399 (Mad) (HC)

S. 220 : Collection and recovery – Assessee deemed in default – Assessment order remanded – Levy of interest for period taken for re-computation is valid . [ S.156, 234A, 234B, 234C ]

S. Appaswamy. v. DCIT (2019) 416 ITR 42 / 311 CTR 650/ 183 DTR 399(Mad) (HC)

S. 147 : Reassessment –With in four years-Notice based solely on report of District valuation Officer is not valid . [ S. 142A ,148 ]

Darshan Buildcon. v. ITO (2019) 416 ITR 66 (Guj) (HC)

S.147: Reassessment — After the expiry of four years- Notice issued within six years – escaped assessment of more than Rs .1 lakh – Not barred by limitation- Depreciation – No failure to disclose material facts – Change of opinion – Reassessment is bad on law . [ S. 32, 148 , 149(1) b) ]

U. P. State Bridge Corporation Ltd v . (2019) 416 ITR 82 (All)(HC)

S.143(3): Assessment – Trader transferring he goods to another trader. At a price less than the market price- Transactions showing loss – Addition cannot be made as income from undisclosed sources – No substantial question of law .[ S.260A ]

CIT v. Pragnesh Ramanlal Patel. (2019) 416 ITR 106/ 265 Taxman 434 (Guj) (HC)

S.92C: Transfer pricing – Arm’s Length Price —Exclusion of comparables having high brand value is held to be proper .[ S.260A ]

CIT v. E-Valueserve Sez (Gurgaon) P. Ltd. (2019) 416 ITR 51 (Delhi) (HC)

S. 45(4) : Capital gains – Conversion of firm to pvt Ltd company – revaluation and transfer of assets from firm to company – Same partners as share holders- No dissolution of firm – No transfer – Not liable to capital gains tax . [ S.2(47) , 45 ]

CIT v. Ram Krishnan Kulwant Rai Holdings P. Ltd. (2019) 416 ITR 123/ 182 DTR 468 (Mad) (HC)

S. 45 : Capital gains —Sale of land and building — Sale of land taxable as long term capital gains and sale of building as short term capital gains [ S.2(29A),2(29B), 50 ]

CIT v. Stovec Industries Ltd. (2019) 416 ITR 63 (Guj) (HC)