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-Capital loss-Loss incurred on account of sale of shares to sister concern-Neither fraudulent nor colourable device-Allowable as capital loss. [S. 260A]

CIT v. Parry and Co. Ltd. (2019) 415 ITR 45 (Mad.)(HC)

S. 37(1) : Business expenditure-Year of allowability of expenditure-Method of accounting-Rate of tax is same in both assessment years-Question academic-No question of law. [S. 145, 260A]

PCIT v. Rajesh Prakash Timblo (2019) 415 ITR 334/ (2020) 185 DTR 34/ 313 CTR 91 (Bom.)(HC) PCIT v. Vidya Rajesh Timlo (2019) 415 ITR 334/(2020) 185 DTR 34 / 313 CTR 91 (Bom.)(HC)

S. 37(1) : Business expenditure-Capital or revenue-Manufacture of yarn-Replacement of old machinery by purchase and installation of new machinery-Not allowable as revenue expenditure.

CIT v. Kongarar Spinners Ltd. (2019) 415 ITR 103 (Mad.)(HC)

S. 37(1) : Business expenditure—Commission paid to persons who have referred the students–Disallowance of 50% of commission is held to be justified.

Malti Gupta (Smt.) v. CIT (2019) 415 ITR 168 (P&H)(HC)

S. 28(i) : Business Loss-Embezzlement of cash by director- Recovery of amount or outcome of pending criminal prosecution against director before Metropolitan Magistrate is irrelevant– Allowable as deduction. [S. 36(2), 37(1)]

PCIT v. Saravana Selvarathnam Trading And Manufacturing Pvt. Ltd. (2019) 415 ITR 146 (Mad.)(HC)

S. 28(i) : Business loss-Bank guarantee-Loss due to encashment of bank guarantee is allowable as business loss.

CIT v. Chandragiri Construction Co. (2019) 415 ITR 63 (Ker.) (HC)

S. 12AA : Procedure for registration–Trust or institution-Execution of contract with Railways for cleaning coaches is not charitable purpose-Employment of poor persons would not make it charitable-Cancellation of registration is justified.[S. 2(15)]

Mahatma Gandhi Charitable Society v. CIT (2019) 415 ITR 27/ 176 DTR 41/ 308 CTR 406 (Ker.)(HC)

S. 11 : Property held for charitable purposes-Amount spent on acquisition of capital assets – Allowed as deduction-Depreciation on such assets is also allowable. [S. 32]

CIT v. Manipal Academy of Higher Education. (2019) 415 ITR 361 (Karn.)(HC)

S. 10B : Export oriented undertakings-Manufacture or production- Conversion of benzarone crude to benzarone pure constitutes manufacture-Entitled to exemption-Conversion of benzarone crude to BFX-P is not manufacture-Not entitled to exemption.

PCIT v. Tonira Pharma Ltd. (2019) 415 ITR 503/ 182 DTR 185/ 311 CTR 218 (Guj.)(HC)

S. 10A : Free trade zone–Export through third party-Entitle to deduction.

PCIT v. Broadcom India Pvt. Ltd. (2019) 415 ITR 380 (Karn.)(HC)