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. 37(1) : Business expenditure–Capital or revenue-Legal and professional expenses-Litigation expenses -Buy back of shares– Allowable as revenue expenditure.

PCIT v. Bayer Vapi (P) Ltd. (2019) 264 Taxman 182 (Guj.)(HC)

S. 32 : Depreciation–Purchase of business on slump sale- Intangible assets and marketing rights-Depreciation is allowable- Not a related concern-Provisions of S. 40A(2)(b) of the Act cannot be applied. [S. 40A(2)]

PCIT v. Bayer Vapi (P) Ltd. (2019) 264 Taxman 182 (Guj.)(HC)

S. 28(i) : Business loss-Speculative transaction–Damages–Palm oil-Damages paid for not honouring commitments to take delivery against some purchase orders placed on foreign sellers– Allowable as business loss – Not speculative loss. [S. 43(5)]

CIT v. Ambo Agro Products (P.) Ltd. (2018) 257 Taxman 156 (Cal.) (HC) Editorial : SLP of revenue is dismissed, CIT v. Ambo Agro Products (P.) Ltd. (2019) 264 Taxman 167 (SC)

S. 14A : Disallowance of expenditure-Exempt income-In absence of any exempt income disallowance cannot be made. [R. 8D]

PCIT v. GVK Project and Technical Services Ltd. (2019) 106 taxmann.com 180 / 264 Taxman 77 (Delhi)(HC) Editorial: SLP of revenue is dismissed, PCIT v. GVK Project and Technical Services Ltd. (2019) 264 Taxman 76 (SC)

S. 11 : Property held for charitable purposes-Depreciation- Application of income – Eligible depreciation. [S. 32]

DIT v. Society for Applied Microwave Electronic Engineering & Research. (2019) 106 taxmann.com 203 / 264 Taxman 82 (Bom.) (HC) Editorial: SLP of revenue is dismissed, DIT v. Society for Applied Microwave Electronic Engineering & Research. (2019) 264 Taxman 81 (SC)/413 ITR 317 (St.)(SC)

S. 10(26B) : Schedule castes or schedule Tribes–Housing scheme for benefit and welfare of employees of Police department, Government of Arunachal Pradesh-All persons of Police Department are not belonging to Scheduled Castes, Schedule Tribes or other backward classes- Not eligible for exemption.

Arunachal Police Housing And Welfare Corporation Ltd. v. CIT (2019) 264 Taxman 160 / 307 CTR 543 / 175 DTR 358 (Gauhati) (HC)

S. 4 : Charge of income-tax-Capital or revenue-Foreign exchange fluctuation gain-Business not commenced-Profits or gains arising out of fluctuation of foreign exchange rate would be capital in nature-Revision is held to be not justified. [S. 4, 28(i), 263]

PCIT v. Coastal Gujarat Power Ltd. (2019) 264 Taxman 244 (Bom.)(HC) Editorial: SLP of Revenue dismissed , PCIT v. Coastal Gujarat Power Ltd. (2022) 287 Taxman 183/ 113 CCH 154 (SC)

S. 2(22)(e) : Deemed dividend-Substantial share holding–Sale of flat and a major portion of price remained unpaid by end of previous year–justified in treating said amount as deemed dividend. [S. 260A]

Bhagavathy Velan v. DCIT (2019) 264 Taxman 146/ 187 DTR 364/ 315 CTR 118 (Mad.)(HC)

S. 2(14)(iii) : Capital asset-Agricultural land- Classified as dry land for which Kishtu had been paid- Adjacent land was divided into plots for sale cannot be the ground to reject the claim of the assessee. [S. 45, 260A]

CIT v. Venkateswara Hospital (2019) 106 taxmann.com 282 / 264 Taxman 90 (Mad.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Venkateswara Hospital. (2019) 264 Taxman 89 (SC)

S. 271C : Penalty-Failure to deduct at source-Regular delays on part of assessee in depositing tax deducted at source-Levy of penalty is held to be justified. [S. 273B]

CIT v. Eurotech Maritime Academy (P.) Ltd. v. CIT (TDS) (2019) 415 ITR 463 / 106 taxmann.com 86 / 264 Taxman 22 (Ker.) (HC) Editorial: SLP is granted to the assessee, Eurotech Maritime Academy (P.) Ltd. v. CIT (TDS) (2019) 264 Taxman 21//411 ITR 37 (St) (SC)