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. 37(1) : Business expenditure-Expenditure on higher education of daughter of Director-Higher education is not related to business of the appellant company–Not allowable as deduction.
JBM Industries Ltd v. DCIT (2019) 418 ITR 502/ 182 DTR 457 / 267 Taxman 411 (Delhi) (HC)
S. 37(1) : Business expenditure–Capital or revenue-Insurance premium on purchase of new car-Held to be revenue expenditure.
PCIT v. Shah Virchand Govanji Jewellers Pvt. Ltd. (2019) 418 ITR 472 (Guj.)(HC)
S. 37(1) : Business expenditure–Commission paid to directors-Allowed in earlier years-Principle of consistency is followed– Appeal of revenue is dismissed.
PCIT v. Shah Virchand Govanji Jewellers Pvt. Ltd. (2019) 418 ITR 472 (Guj.)(HC)
S. 37(1) : Business expenditure–Construction business– Expenditure incurred subsequent sale of building–Held to be allowable as revenue expenditure. [S. 145]
CIT v. Oberon Edifices & Estates (P.) Ltd. (2019) 267 taxman 118/311 CTR 815 / 184 DTR 56 (Ker.)(HC)
S. 37(1) : Business expenditure–Capital or revenue-Non-compete fee-Agreement was only for 18 months-Allowable as revenue expenditure.
CIT v. Computer Age Management Services (P.) Ltd. (2019) 267 taxman 146 (Mad.) (HC)
S. 32 : Depreciation–Residential flats–Accommodation of employees-Entitle for higher rate of depreciation.
CIT v. Ashok Leyland Ltd. (2019) 266 Taxman 406 /(2020) 190 DTR 158(Mad.)(HC)
S. 32 : Depreciation-Higher rate of depreciation-Motor vehicles-Buses were being run on hire-Entitle for higher rate of depreciation.
PCIT v. Taj Travels (P.) Ltd. (2019) 267 taxman 124 (P & H) (HC)
S. 32 : Depreciation-Stock in trade-Investment-Bank-Valuation of investment portfolio–Depreciation is allowable in respect of investment held as stock in trade. [S. 28(i), 145]
CIT v. Corporation Bank (2019) 110 taxmann.com 335/267 Taxman 113 (Karn.)(HC) Editorial: SLP of revenue is dismissed; CIT v. Corporation Bank (2019) 267 taxman 112 (SC)
S. 32 : Depreciation–Software licence application-Eligible depreciation at 60 %-Computer-Interpretation-Entry to be interpreted is in a taxing statute-Full effect should be given to all words used therein-It is impermissible to ignore the description, and denote the article under another entry by a process of reasoning.
CIT v. Computer Age Management Services (P.) Ltd. (2019) 267 taxman 146 (Mad.)(HC)