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. 115JB : Book profit–Unabsorbed depreciation-Business loss-Remand by the Tribunal is held to be justified–Provision for interest on bank loans made for earlier years–Waiver of interest-Finding of the Tribunal that interest was an unascertained liability is held to be not proper- matter remanded. [S. 43B]
Covema Filaments Ltd. v. CIT (2019) 411 ITR 560 (Ker.)(HC)
S. 72 : Carry forward and set off of business losses–Business loss can be set off only against business income [S. 28(i)]
CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342/ 309 CTR 42 (Ker.)(HC)
S. 68 : Cash credits-Share application money–Failure to appear in response to summons- Addition is held to be justified. [S. 131]
J. J. Development Pvt. Ltd. v. CIT (2019)411 ITR 549 (Cal)(HC)
S. 40(a)(ia) : Amounts not deductible-Deduction at source– Recipients of the interest income had included the income in their return and paid taxes thereon-No disallowance can be made- Second proviso inserted by Finance Act 2012 is retrospective effect. [S. 201(1)]
PCIT v. Mobisoft Telesolutions Pvt. Ltd. (2019) 411 ITR 607 (P&H)(HC)
S. 37(1) : Business expenditure-Must be for business purposes–Not necessary that income should have been earned.
CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342/ 309 CTR 42 (Ker.)(HC)
S. 37(1) : Business expenditure–Capital or revenue–Copy right expenses–Only license to use copy right–Allowable as revenue expenditure.
PCIT v. Mobisoft Telesolutions Pvt. Ltd. (2019) 411 ITR 609 (P&H)(HC)
S. 37(1) : Business expenditure—Expenditure on software and payment to service provider is allowable as revenue expenditure.
CIT v. DLF Home Developers Ltd. (2019) 411 ITR 378 /(2020) 188 DTR 151 (Delhi)(HC)
S. 32 : Depreciation—Concept of passive user cannot be extended for long period—No allowance of depreciation in particular year— unabsorbed depreciation cannot be carried forward. [S. 32(2)]
CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563 /176 DTR 342/ 309 CTR 42(Ker.)(HC)
S. 28(1) : Business loss-Capital loss-Transaction relating to acquisition of capital asset- Forfeiture of part of earnest deposit– Held to be capital loss and not revenue expenditure. [S. 37(1)]
ICS Systems Pvt. Ltd. v. CIT (2019) 411 ITR 619 /175 DTR 235/ 261 Taxman 169/ 307 CTR 438 (Delhi)(HC)