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. 92C: Transfer pricing – Comparables – Assessee is not barred in law from withdrawing from its list of comparables during assessment which were included by the assessee during benchmarking.
Approva Systems Private Ltd v. Dy. CIT (2019)73 ITR 219 / 180 DTR 438(Pune)(Trib.)
S. 55 : Capital gains – Capital receipt -Cost of improvement – Cost of acquisition – ‘Know-how under development’ does not created a right – If the know-how is not registered, no rights are conferred – Cost of acquisition of will be not ascertainable-As computation mechanism fails, capital gains will not be chargeable.[ S. 35, 41(3) ,45, 55(2)(a) ]
Bharat Serums and Vaccines Ltd. v. ACIT (2019)73 ITR 205/181 DTR 321 (Mum.)(Trib.)
S. 37(1) : Business expenditure – Disallowance of part of employee benefit expenses is held to be not justified.
Agencies Rajasthan P. Ltd. v. ITO (2019)73 ITR 633 / 179 ITD 90(Jaipur) (Trib.)
S. 37(1) : Business expenditure – Ad hoc disallowance- Promotion expenses- Disallowance on Ad hoc basis is held to be not valid – . Disallowance of part of Salary and wages is held to be not justified .
ACIT v. AB Capital(2019)73 ITR 23(Kol.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital – Deletion of interest disallowed in reassessment where disallowance under assessment was made and the majority of the interest free advances were given at the end of the year. [ S.147, 148 ]
ACIT v. AB Capital(2019)73 ITR 23(Kol.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital – Sufficient own funds -Interest cannot be disallowed.
Dy. CIT v. BBF Industries Ltd. (2019)73 ITR 428 (Chd.)(Trib.)
S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot be made in absence of exempt income . [ R.8D ]
Dy. CIT v. BBF Industries Ltd. (2019)73 ITR 428 (Chd.)(Trib.)
S. 11 : Property held for charitable purposes – Object of general public utility – Activity for planned urban development is not hit by proviso to section 2(15)- Entitled to exemption .[ S.2(15) ,12A ]
Bangalore Development Authority v. Dy.CIT( E ) (2019)73 ITR 711 (Bang.)(Trib.)
S. 10(33) : Capital asset –Tax avoidance- Loss on redemption of units – Short term capital loss is allowed to be set off – Denial of exemption on dividend is held to be not valid. [ S.2(14) , 94(7) ]
Agencies Rajasthan P. Ltd. v. ITO (2019) 73 ITR 633/ 179 ITD 90 / 180 DTR 113 (Jaipur) (Trib.)