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. 269T : Repayment of loans and deposits-Otherwise than by account payee cheque or account payee bank draft–Provision is applicable in case of adjustment of loan towards sale of flats- Payment of interest in cash provision is not applicable. [S. 271E]

Golla Narayana Rao v. ACIT (2019) 174 ITD 67 / 176 DTR 201/ 198 TTJ 407(Vishakha)(Trib.)

S. 145 : Method of accounting-Survey-In the course of survey incriminating material was found indicating unaccounted sale of flats -Rejection of books of account and estimation of income at 11 percent of gross sales is held to be justified. [S.69]

Golla Narayana Rao v. ACIT (2019) 174 ITD 67 / 176 DTR 201/ 198 TTJ 407(Vishakha)(Trib.)

S. 54B : Capital gains-Land used for agricultural purposes -Purchase of agricultural land prior to sale of agricultural land – Exemption is not available-Stamp duty paid is to be considered as part of cost of purchase of agricultural land. [S. 45]

Mathur Lal v. ITO (2019) 174 ITD 44 (Jaipur)(Trib.)

S. 48 : Capital gains–Indexation-Cost of improvement-Expenditure on levelling of agricultural land for purpose of irrigation from canal, benefit of indexed cost of improvement was to be granted. [S. 45]

Mathur Lal v. ITO (2019) 174 ITD 44 (Jaipur)(Trib.)

S. 45 : Capital gains-Joint Development Agreement (JDA)-Mere licence to builder to enter property for purpose of carrying out development- Cannot be regarded as transfer – Capital gain tax is not leviable. [S.2(47)(v), Transfer of Property Act, 1882, S. 53A]

Lakshmi Swarupa. (Smt.) v. ITO (2019) 174 ITD 54 (SMC) (Bang.) (Trib.)

S. 45 : Capital gains-Business income-Redemption of units of mutual fund -No borrowed capital- Only 15 transactions – Shown as investment in books of account-Assessable as capital gains and not as business income. [S. 28(i)]

ACIT v. Wig Investment (2019) 174 ITD 30 (Delhi)(Trib.)

S. 43B : Deductions on actual payment-Electricity duty-Disallowance cannot be made in respect of liability of State Electricity Board with regard to amount of electricity duty and surcharge collected by it as an agent of State of Kerala. [Electricity Supply Act, 1948]

ACIT v. Kerala State Electricity Board. (2019) 174 ITD 21 / 69 ITR 207/ 176 DTR 1/ 198 TTJ 913(Cochin)(Trib.)

S. 40A(2) : Expenses or payments not deductible–Excessive or unreasonable – Provisions are not applicable to co-operative society. [S. 40A(2)(b)]

DCIT v. Ganesh Khand Udyog Sahakari Mandali Ltd. (2019) 174 ITD 135 (Surat)(Trib.)

S. 37(1) : Business expenditure-Education expenses of grandson of director who has contributed to functioning of business-Matter is remanded back for disposal afresh.

Bansal Alloys & Metals (P.) Ltd. v. ACIT (2019) 174 ITD 62 (Chd.)(Trib.)

S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts- Schedule Bank-Kerala State Electricity Board is not entitled to deduction of provision created for bad and doubtful debts though such provision is created based on guidelines issued by RBI. [S.36(1)(vii), 36(2)]

ACIT v. Kerala State Electricity Board. (2019) 174 ITD 21 / 69 ITR 207/ 176 DTR 1 / 198 TTJ 913(Cochin) (Trib.)