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. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident–Payments made to foreign law firms as consultancy fee which did not have any fixed base in India-Not taxable in India-Not liable to deduct tax at source.[S. 9(1)(i), 195]

PCIT v. Cadila Healthcare Ltd. (2019)104 taxmann.com 78/ 262 Taxman 301 (Guj.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Cadila Healthcare Ltd. (2019) 262 Taxman 301 (SC)

S. 37(1) : Business expenditure–Non-compete fee paid by assessee to founder of transferor company constituted business expenditure.

ITO v. Smartchem Technologies Ltd. (2019) 103 taxmann.com 359 /262 Taxman 192 (Guj) (HC) Editorial: SLP of revenue is allowed, ITO v. Smartchem Technologies Ltd. (2019) 262 Taxman 191 (SC)

S. 37(1) : Business expenditure-Employee Stock option Plan (ESOP)-Expenditure incurred on allotment of shares under Employee Stock option Plan (ESOP) is held to be allowable as business expenditure.

PCIT v. Lemon Tree Hotels (P.) Ltd. (2019) 104 taxmann.com 26 / 262 Taxman 312 (Delhi) (HC) Editorial: SLP is granted to the revenue, PCIT v. Lemon Tree Hotels (P.) Ltd. (2019) 262 Taxman 311 (SC)

S. 37(1) : Business expenditure–Year of deduction-Slum development expenditure-Contingent upon authority giving vacant possession of plot-Authority was unable to hand over vacant possession of land-Disallowance of expenditure is held to be justified. [S. 145]

Grace Shelter v. ACIT (2019) 262 Taxman 423 (Bom.)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Investment in share capital of sister concern, with a view to earn dividend income-Expenditure incurred is held to be allowable as deduction .

PCIT v. Premier Finance & Trading Co. Ltd. (2019) 262 Taxman 341 (Bom.)(HC)

S. 28(i) : Business loss–Revaluation of obsolete inventories- Valuation was supported by technical experts–Allowable as business loss. [S. 145]

Hindustan Newsprint Ltd. v. ACIT (2019) 262 Taxman 334 / 178 DTR 398/ 310 CTR 93 (Ker.)(HC)

S. 24 : Income from house property-Deductions-Business income from renting out its property-Depreciation was allowed–Deduction u/s 24 is not permissible. [S. 24, 32]

Shri Hardoi Baba Roller Flour Mills (P.) Ltd. v. CIT (2019) 415 ITR 498/262 Taxman 320 (All)(HC)

S. 23 : Income from house property-Annual value–Standard rent -illegal tenant – Deposit of certain compensation on monthly basis in Court, could not form basis to make addition to assessee’s rental income in respect of other tenants who are protected under Rent control Act. [S. 22, Delhi Rent Control Act.]

PCIT v. Seth Properties. (2019) 262 Taxman 124 (Bom.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Sufficient interest free funds in excess of interest bearing fund to make investment-Deletion of disallowance is held to be justified. [R. 8D]

PCIT v. Premier Finance & Trading Co. Ltd. (2019) 262 Taxman 341 (Bom.)(HC)

S. 12AA : Procedure for registration–Trust or institution-Objects relatable to education, medical aid and help to poor–Denial of registration is no valid. [S. 2(15)]

CIT v. Paramount Charity Trust. (2018) 97 taxmann.com 134 (Guj) (HC) Editorial: SLP of revenue is dismissed , CIT v. Paramount Charity Trust. (2019) 262 Taxman 164 (SC)