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–Apportionment of expenses between two sets of units—Deduction not exceeding gross total Income—Apportionment of expenses is valid.

CIT v. Swelect Energy Systems Ltd. (2019) 412 ITR 291 (Mad.)(HC)

S. 80IA : Industrial undertakings-Generation of power-Eligible unit—Consolidated balance-sheet and profit and loss account- Losses of earlier years of other two units of assessee cannot be notionally brought forward and set off against profits of eligible unit. [S. 80IA(5)]

CIT v. Bannari Amman Sugars Ltd. (2019) 412 ITR 69 (Mad.)(HC)

S. 80HHC : Export business–Duty entitlement pass book credit- Entitled to take only net amount of sale value after deducting face value. [S.28(iiid)].

Gold Line Exports v. ITO (2019) 412 ITR 465 (Mad.)(HC)

S. 69A : Unexplained money–Bogus purchases- Sundry creditors—Disallowance by Assessing Officer as bogus purchases—Tribunal confirming the 25% of profit embedded in credits–Held to be justified. [S. 37(1), 145]

CIT v. Nandkishor Huaschand Jalan (2019) 412 ITR 357 (Guj.)(HC)

S. 69 : Unexplained investments–Advance of rent received for premises-Unclaimed balance cannot be treated as unexplained investment or cash credits–Assessable as business income of the relevant assessment year. [S. 5, 28(i), 68]

CIT v. Amritha Cyber Park (P.) Ltd. (2019) 412 ITR 199/ 263 Taxman 546 / 180 DTR 285(Ker.)(HC)

S. 48 : Capital gains–Cost Of Acquisition—Sale of books from inherited Library—Indexation – Failure to prove cost of acquisition as on 1-4-1981—Estimation of cost of acquisition at forty per cent. of sale price is held to be justified.[S. 45]

Sivagami Roja Muthiah v. DCIT (2019) 412 ITR 299 (Mad.)(HC) Vallikannu Nagarajan v. DCIT (2019) 412 ITR 299 (Mad.)(HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Refund of sales tax consequent on decision of High Court—Pendency of appeal before Supreme Court-Amount received assessable as income.

South India Corporation Ltd. v. ACIT (2019) 412 ITR 239/ 177 DTR 337 (Ker.)(HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability -Amounts collected by shipping agent for payment to port Trust Authority for the years 1994-99—Dispute was settled by passing final order fixing the storage charges fixing the charges on January 15, 2016–there was no claim against the amount collected -Amount collected was rightly treated as income of the assessee .

CIT v. Chakiat Agencies Pvt. Ltd. (2019) 413 ITR 113 / 263 Taxman 126/ 179 DTR 265/ 311 CTR 886(Mad.)(HC)

S. 37(1) : Business expenditure—Capital or revenue-Expenditure on repair of office room—Held to be capital expenditure.

South India Corporation Ltd. v. ACIT (2019) 412 ITR 239/ 177 DTR 337 (Ker.)(HC)

S. 37(1) : Business expenditure–Capital or revenue–Preoperative expenditure–new line of business-Business abandoned subsequently–Allowable as revenue expenditure.

Chemplast Sanmar Ltd. v. ACIT (2019) 412 ITR 323 (Mad.)(HC)