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–Business of developing, maintaining and operating of Bus-Q-Shelters (BQS), metro stations, highways etc.–Encashment of bank guarantee–Allowable as business expenditure.

PCIT v. Green Delhi BQS Ltd. (2018) 259 Taxman 153 / 175 DTR 131/ 307 CTR 797/2019) 417 ITR 162 (Delhi)(HC)

S. 37(1) : Business expenditure–Pendency of constitutional validity of proviso to Rule 9A- Matter remanded to CIT(A) to decide on merits. [R. 9A]

Satish Yashwant Kulkarni v. UOI (2018) 259 Taxman 489 (Bom.)(HC)

S. 36(1)(iii) : Interest on borrowed capital-loan was used for acquiring or construction of assets that were used for earning taxable income- Interest expenditure is held to be allowable.

PCIT v. International Biotech Park Ltd. (2018) 259 Taxman 14 (Bom.)(HC)

S. 32 : Depreciation–Public roads treated as building and allowed depreciation-Optical fibres used exclusively for computer configuration were part of computer system and thus eligible for higher rate of depreciation.

PCIT v. GVK Jaipur Expressway Ltd. (2018) 100 taxmann.com 95 / 259 Taxman 430 (Raj.)(HC) Editorial: SLP of revenue is dismissed; PCIT v. GVK Jaipur Expressway Ltd. (2018) 259 Taxman 429 (SC)

S. 28(i) : Business income-Income from house property- Construction of shopping malls-Commercially exploit property by way of complex commercial activities and, it was not a case of letting out property simplicitor-Rental income is assessable as business income. [S. 22]

PCIT v. E City Real Estate (P.) Ltd. (2018) 100 taxman 93 / 259 Taxman 410 (Bom.)(HC) Editorial : SLP is granted to the revenue ;PCIT v. E City Real Estate (P.) Ltd. (2018) 259 Taxman 409 (SC)

S. 28(i) : Business income–Sub lease of property–Assessable as business income and not as income for other sources. [S. 56]

PCIT v. International Biotech Park Ltd. (2018) 259 Taxman 14 (Bom.)(HC)

S. 12A : Registration–Trust or institution-Registration cannot be denied merely on ground that secretary of society was getting lease rent for land given to society for running school or his wife who had requisite qualification was teaching in school and was being paid salary. [S. 13]

CIT (E) v. Ambala Public Educational Society (2018) 259 Taxman 575 (P&H)(HC) Editorial: SLP of revenue is dismissed CIT (E) v. Ambala Public Educational Society ( 2020) 269 Taxman 200 (SC)

S. 10(23C) : Educational institution–Mere spending a meagre amount, out of total income derived by trust, towards distribution of clothes to relatives of students-Exemption cannot be denied. [S.10(23C)(iiiad), 12A, 12AA]

Sri Sai Educational Trust v. CIT(E) (2019) 259 Taxman 472 (Mad.)(HC)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection–Representative assessee-Representative assessee not only represents an income which has directly arisen or accrued in India but also that which has indirectly arisen or accrued in this country, through a business connection-International Cricket Council chose India, Pakistan and Sri Lanka to co-host World Cup 1996 – Order of Tribunal is seta side. [S. 5(1), (5(2), 160, 161, 163, 194E, 201(1)]

DIT(IT) v. Board of Control for Cricket in Sri Lanka (2018) 259 Taxman 6 (Cal.)(HC)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection–development of Basic engine-design a new 3 valve cylinder head for improvement of fuel efficiency, performance and meeting Indian emission standard–Payment is not royalty -DTAA-India–Australia. [S.9(1)(vi), Art. 6(2)]

DIT v. TVS Motors Co. Ltd. (2018) 259 Taxman 140/ ( 2019) 176 DTR 137/ 417 ITR 607/ 308 CTR 143 (Mad.)(HC)