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. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability -Assignment of loan to third party by making a payment in terms of present value of future liability-Surplus resulting from assignment of loan was not cessation or extinguishment of liability as loan was to be repaid by third party- Cannot be assessed as cessation of trading liability.[S. 28(iv)]
Cable Corporation of India Ltd. v. DCIT (2019) 177 ITD 223/ 201 TTJ 1009 / 183 DTR 9 (Mum.)(Trib.)
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Waiver of loan per se does not amount to cessation of trading liability-Not assessable as income-Matter remanded for verification. [S. 28(iv)]
ITO v. Wasan Exports (P.) Ltd. (2019) 177 ITD 115 (Delhi) (Trib.)
S. 40(b)(ii) : Amounts not deductible-Working partner– Remuneration–Bonus-Supplementary partnership deed– Allowable as deduction.
J.C. Bhalla & Co. v. ACIT (2019) 177 ITD 1/ 182 DTR 195 (Delhi) (Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source- burden is on assessee to prove that recipient had declared the income-AO is directed to calculate the interest only for period of default. [S. 201(1), 201(ia)]
Janapriya Engineers Syndicate Ltd v. ITO (2019) 70 ITR 370 (Hyd.)(Trib.)/CIT v. Engineers Reddy Homes (P) Ltd ( 2019) 70 ITR 370 (Hyd) ( Trib)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payments to transporters-Permanent Account Number and addresses of transporters before the Assessing Officer-Provision of S.194C(6) is complied with–No disallowance can be made. [S. 194C(6)]
Fine Blanking Pvt. Ltd. v. DCIT (2019) 70 ITR 400 (Bang.)(Trib.)
S. 45 : Capital gains-Sale of shares-Entry operator-Bogus long term capital gains- Produced sufficient material-Addition cannot be made as cash credits. [S. 10(38), 68]
Sangita Jhunjhunwala (Smt.) v. ITO (2019) 70 ITR 247 (Kol.) (Trib.)
S. 37(1) : Business expenditure–Expenditure incurred on earning on term deposit is allowable as deduction.
Ashwin S. Mehta v. ACIT (2019) 70 ITR 234 (Mum.)(Trib.)
S. 37(1) : Business expenditure–Illegal expenses-Distribution of ball pens, medical gifts etc. with logo of the company to doctors and hospitals–Allowable as business expenditure-Explanation 1 to S. 37(1) is not applicable.
Aishika Pharma (P.) Ltd. v. ITO (2019) 177 ITD 238 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Interest bearing loans–Charged interest at 9% – Disallowance of interest at 12% is held to be not justified. [S. 36(1)(iii)]
Alkoplus Producers (P.) Ltd. v. DCIT (2019) 177 ITD 150 / 71 ITR 650/ 181 DTR 329/ 201 TTJ 893 (Pune)(Trib.)