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. 80IA : Industrial undertakings–Telecommunication services- Income from sharing fibre cables and cell-sites was income by way of leasing-Late fees and reimbursement of cheque dishonour charges received from parties-Eligible for deduction. [S. 80IA(2A)]

CIT v. Vodafone Mobile Services Ltd. (2019) 414 ITR 276/ 183 DTR 277 / 311 CTR 588 (Delhi)(HC)

S. 68 : Cash credits–Peak addition-Hawala transaction-Money laundering can also be for oneself-Information from Enforcement Directorate—Refusing to own up accounts- Burden is not discharged–Addition is held to be justified. [S. 69, 69A]

K. P. Abdul Majeed v. ACIT (2019) 414 ITR 531 / 180 DTR 249 / 310 CTR 261(Ker.)(HC)

S. 68 : Cash credits—Share application money—Received by cheques- Details furnished–Burden is discharged-Failure by department to investigate identity of shareholders and genuineness of transactions—Addition is held to be not justified.

CIT v. Sidhi Vinayak Metcon Ltd. (2019) 414 ITR 402 (Jharkhand) (HC)

S. 45 : Capital gains–Business income-Sale of land assessable as capital gains. [S. 4, 28(i)]

CIT v. Hazarilal Goyal (Deceased) (2019) 414 ITR 565 (Raj)(HC) Editorial: SLP of revenue is dismissed CIT v. Hazarilal Goyal (Deceased)( 2018) 406 ITR 32 (St)

S. 45 : Capital gains–Business income-Profit on sale of investment is assessable as capital gains. [S. 10(38), 28(i)]

PCIT v. Haryana State Industrial and Infrastructure Development Corporation Ltd. (2019) 414 ITR 632/ 183 DTR 244 / 311 CTR 603/108 taxmann.com 540/ 266 Taxman 9 (Mag) (P&H) (HC)

S. 45 : Capital loss-Loss on sale of shade tree–Capital loss allowed to be carried forward.

CIT v. Harrisons Malayalam Ltd. (2019) 414 ITR 344/ 183 DTR 302 / 266 Taxman 414/ 311 CTR 802(Ker.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source- Rejection of Books of account-Estimation of profit @ 8% of turnover—No disallowance can be made u/s. 40 of the Act. [S. 145(3)]

ACIT v. Salauddin. (2019) 414 ITR 335 (Pat.)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Loan to sister concern from non –interest bearing funds–No disallowance can be made.

CIT v. Harrisons Malayalam Ltd. (2019) 414 ITR 344 / 183 DTR 302/ 266 Taxman 414/ 311 CTR 802(Ker.)(HC)

S. 14A : Disallowance of expenditure-Exempt income–Satisfaction-AO cannot disallow the expenditure far in excess of what has been disallowed, without demonstrating how the working of the assessee is wrong. [R. 8D]

CIT v. DSP Adiko Holdings Pvt. Ltd. (2019) 414 ITR 555 (Bom.) (HC) CIT v. DSP HMK Holdings P. Ltd (2019) 414 ITR 555 (Bom.)(HC)

S. 12AA : Procedure for registration–Trust or institution-Cancellation of registration cannot be done retrospective effect- Education- Amounts spent on construction of buildings and acquisition of Television channel for educational purposes-Entitle to exemption-Depreciation is allowable–Proviso inserted w.e.f. 1-4 .2015 is not retrospective–High Court has the power to set aside the order of Settlement Commission which i.e. erroneous. [S. 11, 12AA(3), 245D(4), Art. 226.]

Indian Medical Trust v. CIT (2019) 414 ITR 296/ 265 Taxman 473/ 311 CTR 19/182 DTR 252 (Raj.)(HC)