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. 45 : Capital gains-Firm–Retirement-Excess sum paid over and above sum standing to credit of capital account of partner is assessable as capital gains. [S. 2(47), 54EC]

Savitri Kadur v. DCIT (2019) 177 ITD 259/ 181 DTR 255 (Bang.)(Trib.)

S. 45 : Capital gains–Sale of land-Invested in several small properties-Assessable as capital gains and not as business income. [S. 28(i)]

Munish Singla v. ACIT (2019) 177 ITD 529 (Chd.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source- Wharfage charges–Not rent–Not liable to deduct tax at source. [S. 194I]

Angre Port (P.) Ltd. v. ITO (2019) 177 ITD 291/ 181 DTR 169 (Pune)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source- Contractors-Payments to dealers in lieu of service coupons–Liable to deduct tax at source-Payees have filed the return and taken in to account sum for computing income and paid the tax-No disallowance can be made–Matter remanded for verification. [S. 194C, 201(1)]

Mahindra & Mahindra Ltd. v. DCIT (2019) 177 ITD 699/ 183 DTR 89 (Mum.) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source– Failure to deduct tax at source–Not allowable as deduction. [S. 2(28A), 194A, 194J]

ACIT v. Hiravati Marine Products (P.) Ltd. (2019) 177 ITD 722 (Rajkot)(Trib.)

S. 37(1) : Business expenditure-Reimbursement of salary paid by sister concern- Held to be allowable as deduction.

Angre Port (P.) Ltd. v. ITO (2019) 177 ITD 291/ 181 DTR 169 (Pune)(Trib.)

S. 37(1) : Business expenditure–Enhanced compensation-Matter set aside to examine lease agreement whether the assessee is entitle to recover from sub–lessees.

ACIT v. Rubber Park India (P.) Ltd. (2019) 177 ITD 614 (Cochin) (Trib.)

S. 37(1) : Business expenditure-Capital or revenue–Acquisition of Set Top Boxes (STB)–Capital expenditure-Depreciation is allowable at 15%.[S. 32].

ACIT v. Kerala Communicators Cable Ltd. (2019) 177 ITD 623/ 201 TTJ 704 / 183 DTR 313 (Cochin)(Trib.)

S. 37(1) : Business expenditure–Trade advances–Allowable as deduction. [S. 28(i)]

ACIT v. Hiravati Marine Products (P.) Ltd. (2019) 177 ITD 722 (Rajkot)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Stock in trade– Housing project–Percentage completion method-Interest on money borrowed-Added to cost of project. [S.145, AS 16]

ITO v. Khatu Shyam Builders. (2019) 177 ITD 643 (Jaipur) (Trib.)