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. 54F : Capital gains-Investment in a residential house-two residential units purchased at two different localities. Exemption was restricted to only investment in one residential house property. [S. 45]

ACIT v. N. S. Viswanathan (2018) 67 ITR 307 (Cochin)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Capital gains arising from sale of basement of a building which was used for habitable purposes was within purview of a residential flat-Entitle to exemption.[S. 45, 54]

ACIT v. Shri Shrey Sharma Guleri Prime Chhanel Software Communications P. Ltd. (2018) 64 ITR 67 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Expenditure incurred for providing training through Apparel Training and Development center, being in the nature of Corporate Social Responsibility (‘CSR’) expenses is not allowable as a deduction.

Rajasthan State Industrial Development & Investment Corporation Ltd. vs. DCIT (2018) 195 TTJ 35 (Jaipur) (Trib.)

S. 37(1) : Business expenditure-Penalty–Fine-Illegal mining- Compensation is not penalty -Allowable as deduction.

NMDC v. ACIT (2018) 68 ITR 532/( 2019) 175 ITD 332/ 199 TTJ 772 (Hyd.)(Trib.)

S. 37(1) : Business expenditure–Disproportionate increase in expenses-Disallowance of 10% of the business promotion expenses is held to be justified.

ACIT v. Rohit Kochar (2018) 68 ITR 67 (SN) (Delhi) (Trib.)

S. 36(1)(vii) : Bad debt- Unrealizable subscription dues from the cable operators written off by the assessee in the books of accounts is allowable as bad debts.

Sun TV Network Ltd v. ACIT (2018) 196 TTJ 944 / 172 DTR 345 (Chennai)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–No proportionate disallowance of interest can be made unless the department establishes that the borrowed funds were utlilised for advancing interest free funds to relatives.

ACIT v. Rohit Kochar (2018) 68 ITR 67 (SN) (Delhi) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Provision for interest on funds provided by government–Held to be allowable, subject to verification of payments in the subsequent years.

M. P. Police Housing Corporation Ltd. v. ACIT (2018) 68 ITR 53 (Indore)(Trib.)

S. 32 : Depreciation-Film and serial broadcasting rights -Intangible assets – Entitle to depreciation. [S. 37(1)]

Sun TV Network Ltd. v. ACIT (2018) 196 TTJ 944 / 172 DTR 345(Chennai)(Trib.)

S. 14A : Disallowance of expenditure – Exempt income – No disallowance in relation to shares and securities held as stock in trade and where owned funds are more than the value of shares and securities. [R. 8D]

Rajasthan State Industrial Development & Investment Corporation Ltd v. DCIT (2018) 195 TTJ 35 (Jaipur)(Trib.)