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
Click here to download the pdf versions of the Digest of case laws
S. 72 : Carry forward and set off of business losses–Return was not filed with in prescribed time–Application for condonation of delay was not filed with in permissible time limit – Rejection of application is held to be justified. [S. 119, 139(1), 254(1)]
Ganesh Sahakari Bank Ltd. v. Government of India (2019) 264 Taxman 150 (Bom.)(HC)
S. 69C : Unexplained expenditure–Hawala transaction-Bogus purchases–Trading in paper and paper products-Adoption of profit at 12.5 % of alleged bogus purchases is held to be justified. [S. 143(3)]
Pooja Paper Trading Co (P.) Ltd. v. ITO (2019) 264 Taxman 260 (Bom.)(HC)
S. 54B : Capital gains – Land used for agricultural purposes– Denial of exemption on the basis of report of inspector and statement of bataidar is held to be justified. [S. 45]
Rajiv Dass v. DCIT (2019) 414 ITR 37 / 103 taxmann.com 192 / 264 Taxman 40 (Mag.) (Delhi) (HC)
S. 43B : Deductions on actual payment–Provision for Licence fee -Mercantile system of accounting-S.43B(1)(g) inserted with effect from 1-4-2017 will accordingly apply to assessment year 2017-18 and subsequent assessment years. [S. 43B(1)(g), 145]
CIT v. Jagdish Prasad Gupta. (2019) 414 ITR 396 / 264 Taxman 231/ 178 DTR 403 / 311 CTR 72 (Delhi) (HC)
S. 43(1) : Actual cost–Subsidy-Setting up new industry- Calculation of subsidy on the basis of sales tax or excise duty- Amount of subsidy was not to be deducted from actual cost for purpose of calculating depreciation etc. [S. 4, 32]
PCIT v. Welspun Steel Ltd. (2019) 264 Taxman 252 (Bom.) (HC)
S. 42 : Business for prospecting-Mineral oil–Surrender of oil blocks before commencement of commercial production would be treated as surrender for claiming deduction of oil exploration expenditure. [S. 42(1)(a)]
PCIT v. Hindustan Oil Exploration Company Ltd. (2019] 264 Taxman 154 /(2020)423 ITR 465 / 187 DTR 123 / 314 CTR 518 (Bom.)(HC)
S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Sundry creditors shown in books of account merely on ground that assessee failed to furnish PAN or correct address of those creditors additions cannot be made.
PCIT v. B.T. Nagraj Reddy (2019) 264 Taxman 228 (Karn.)(HC)
S. 37(1) : Business expenditure–Consultancy fee-Investment research services, paid an amount to its foreign associate entity – Allowable as business expenditure.
PCIT v. Lok Advisory Services (P.) Ltd. (2019) 104 taxmann.com 67 / 264 Taxman 39 (Mag.) (Delhi) (HC)
S. 37(1) : Business expenditure–Membership fees paid to club by Chairman and Managing Director of company-Allowable as business expenditure.
PCIT v. Bayer Vapi (P) Ltd. (2019) 264 Taxman 182 (Guj.)(HC)