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. 37(1) : Business expenditure–Cost of print and publicity–cost of production- Feature films -Expenditure were incurred after production and certification of film by Censor Board was received – Not governed by Rule 9A- Allowable as revenue expenditure. [R. 9A 9B]

CIT v. Dharma Productions (P.) Ltd. (2019) 263 Taxman 585 / 308 CTR 809 / 177 DTR 321 (Bom.)(HC)

S. 36(1)(vii) : Bad debt-Held to be allowable though the principal amount debited to the principal amount never appeared as a debt on account of trade.

PCIT v. Gujarat Lease Financing Ltd. (2019) 105 taxmann.com 156 263 Taxman 351 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Gujarat Lease Financing Ltd. (2019) 263 Taxman 350 (SC)

S. 28(i) : Business income-Income from house property–Shopping mall -Commercial exploitation-Facilities and services-Income derived by assessee by letting out shops in mall had to be assessed as income from business and not as income from house property. [S. 22]

CIT v. Oberon Edifices & Estates (P.) Ltd. (2019) 263 Taxman 377/ 311 CTR 815/ 184 DTR 56 (Ker.)(HC)

S. 14A : Disallowance of expenditure-Exempt income–AO cannot reject the disallowances offered by the assessee, without adducing any reasons. [R. 8D]

PCIT v. Moonstar Securities Trading and Finance Co. (P.) Ltd. (2019) 105 taxmann.com 274 /263 Taxman 459 (Delhi) (HC) Editorial: SLP of revenue is dismissed, PCIT v. Moonstar Securities Trading and Finance Co. (P.) Ltd. (2019) 263 Taxman 458 (SC)

S. 11 : Property held for charitable purposes –Registration granted – AO cannot revisit objects again while examining compliance with S.11 of the Act. [S. 2(15), 12A]

DIT(E) v. Gemological Institute of India (2019) 105 taxmann.com 179 / 263 Taxman 349 (Bom.)(HC) Editorial: SLP of revenue is dismissed on the ground of low tax effect. DIT(E) v. Gemological Institute of India (2019) 263 Taxman 348 (SC)

S. 11 : Property held for charitable purposes-Accumulation of income – Entitle to exemption. [S. 2(15)]

CIT(E) v. Ahmedabad Urban Development Authority (2019) 105 taxmann.com 309 / 263 Taxman 456 (Guj.) (HC) Editorial : SLP is granted to the revenue, CIT (E) v. Ahmedabad Urban Development Authority (2019) 263 Taxman 455 (SC)

S. 11 : Property held for charitable purposes – Artists and actors -Advance paid to purchase leasehold right in auditorium was to be considered as application of income- Entitle to exemption.[ S.2(15) 11(1)(a), 11(5)]

Nadigar Sangam Charitable Trust v. ADIT (2019) 263 Taxman 648/ 179 DTR 297/ 310 CTR 483 (Mad.)(HC)

S. 10AA : Special economic zones-Reconstruction-sole proprietorship was not been shifted to firm -Only Capital received from sole proprietorship-Not a reconstruction – Entitle to exemption. [S.10AA)4)(iii)]

PCIT v. Green Fire Exports (2019)106 taxmann.com 32 / 263 Taxman 676 (Raj.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Green Fire Exports (2019) 263 Taxman 675 (SC)

S. 275 : Penalty-Bar of limitation–Initiation of penalty starts from issue of show cause notice and not from date of order u/s 201(1)- Penalty order was within time and not barred by limitation. [S. 201(1), 201(IA), 271C]

Jaipur National University v. Jt. CIT (2019) 175 DTR 337/198 TTJ 457 (Jaipur) (Trib.)

S. 271D : Penalty-Accepts any loan or deposit–Sum initially advanced as loan by father to son, but later treated as gift transaction cannot be subject to S. 269SS-levy of penalty is not justified .[S. 269S]

Hareshkumar Becharbhai Patel v. Jt. CIT (2019) 69 ITR 73 (SN) (Ahd.)(Trib.)