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. 54B : Capital gains–Agricultural land-Land was used for agricultural purposes–Land classified as agricultural land Jowar crop was grown- Eligible exemption [S.2(14), 45]

Murtuza Shabbir Jamnagarwala v. ITO (2019) 175 ITD 494 (Pune) (Trib.)

S. 48 : Capital gains–Computation-Foreign Institutional Investor (FII)-Sale of shares of Indian subsidiary-legal/professional fees paid to lawyers/accounting firms- Allowable as deduction. [S.45, 48(1)]

AIG Offshore Systems Services Inc. v. ACIT (2019) 175 ITD 647/ 197 TTJ 765 (Mum.)(Trib.)

S. 45 : Capital gains- Long term–Short term- Sale of flat – Date of allotment of flat and not date of giving possession of flat which has to be considered as date for computing holding period of 36 months. [S. 2(29A)]

Richa Bagrodia v. DCIT (2019) 175 ITD 552 (Mum.)(Trib.)

S. 45 : Capital gains–Retirement–Amount received as share value of assets of firm on his retirement are not liable to be taxed either as capital gains nor as business income.[S. 2(14), 2(47), 28(v)]

James P. D’Silva. v. DCIT (2019) 175 ITD 533 /199 TTJ 739/ 179 DTR 281(Mum.)(Trib.)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability-Business of bottling-cum-manufacturing of soft drink-Advances/deposits towards security against bottles & cases-Written off-Addition cannot be made as remission or cessation of liability. [ S. 32 ]

Poona Bottling Company (P.) Ltd. v. ACIT (2019) 175 ITD 634 (Pune)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source- Transportation of goods- Requisite information was furnished u/s 194C(6)–No disallowance can be made- Amendment made to section 40(a)(ia) by Finance Act, 2015 is remedial in nature and retrospective in applicability. [S. 194C(6)]

Zuberi Engineering Company v. DCIT (2019) 69 ITR 261 / 175 ITD 557/197 TTJ 659/ 179 DTR 25 (Jaipur) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident–Independent personal services outside India-Not chargeable to tax in India –Not liable to deduct tax at source-DTAA–India–Canada. [S.9(1)(i), Art. 12, 14 ]

DCIT v. Hydrosult Inc. (2019) 175 ITD 525 (Ahd) (Trib.)

S. 37(1) : Business expenditure – Corporate social responsibilities- Held to be allowable – Explanation 2 inserted in section 37(1) with effect from 1-4-2015 is prospective in nature. [S. 35AC, 80G, Companies Act, 2013, S. 135]

National Small Industries Corp. Ltd. v. DCIT (2019) 175 ITD 601 (Delhi)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Stock in trade–Dividend received incidentally–No disallowance can be made. [R. 8D]

Nice Bombay Transport (P.) Ltd. v. ACIT (OSD) (2019) 175 ITD 684 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes–kalyanamandapams, school, health centre and library-Donation to Trust–Predominant activity of assessee society is charity- Eligible for exemption. [S. 11(1), 11(4), 12A]

AVM Charities. v. ITO (2019) 175 ITD 654 / 174 DTR 1 / 197 TTJ 513(Chenni)(Trib.)