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. 45 : Capital gains- Business income- Set of off loss from one transaction against gain form second transaction is held to be allowable. [S. 28(i)]
PCIT v. Adar Cyrus Poonawalla (2019) 260 Taxman 41 (Bom.)(HC)
S. 36(1)(vii) : Bad debt–Waiver of right to receive sale consideration from director and family members–Avoid deadlock in management-Family settlement–Partition recognised u/s 171–Allowable as bad debt [S. 171]
CIT v. Millennia Developers (P.) Ltd. (2019) 260 Taxman 142/ 307 CTR 226 /174 DTR 282 (Karn.)(HC).Editorial: SLP of revenue is dismissed , CIT v. Millennia Developers (P.) Ltd ( 2019) 266 Taxman 186 (SC)
S. 28(i) : Business loss-Trading loss-Purchase and sales through commission agent-Loss held to be non -genuine -Disallowance is held to be justified–CIT(A) can consider the record relating to past assessment, while deciding the appeal. [S. 250, 260A]
Mathur Marketing (P.) Ltd. v. CIT (2019) 260 Taxman 9/ 173 DTR 74/ 307 CTR 613/ 413 ITR 353 (Delhi)(HC)
S. 12AA : Procedure for registration –Trust or institution-Not carrying on any charitable activity during the relevant period cannot be the ground to cancel registration. [S. 12A]
DCIT v. D.R. Ranka Charitable Trust (2019) 260 Taxman 139 (Karn.)(HC)
S. 10(34) : Dividend–Domestic companies-Tax on distribution of profits–Exemption cannot be denied to receiver of dividend, though the payer company had not paid tax on dividend distribution under section 115-O of the Act. [S. (22)(d), 115-O]
PCIT v. Kayan Jamshid Pandole (Smt.) (2019) 260 Taxman 32 / 306 CTR 597/ 174 DTR 141(Bom.)(HC)
S. 13 : Denial of exemption-Trust or institution-Investment restrictions – Exemption cannot be denied unless the revenue proves that amount paid to persons referred in sub -section (3) of section 13 is in excess of what may be reasonably paid for services rendered . [ S.11, 12AA]
CIT v. Sri Balaji Society ( 2019) 101 Taxman.com 52/ 260 Taxman 246 ( Bom) (HC)
S.28(i): Business loss – Main object of the company – Infrastructure- Amended clause to carry on business of shares futures and options- Speculation- Futures and options- Amendment in object clause to carry on business in futures and options- Loss is allowable as business loss [ S. 43(5,73 ]
PCIT v. Triforce Infrastructure ( India ) Pvt.Ltd ( Bom) ( HC) (UR) Editorial: DCIT v Triforce Infrastructure ( India ) Pvt.Ltd (SMC) ( Mum) (Trib)( ITA No .1890 /Mum/ 2014 dt 12-06-2015) is affirmed .
S.144: Best judgement assessment- Books destroyed due to flood- Expenditure cannot be disallowed arbitrarily – Best judgement should not be made as a best punishment assessment .[ S.37 (1)
PCIT v. Rahul J. Jain ( Bom) (HC) (UR) Editorial: Order in ACIT v Rahul J. Jain (Mum) (Trib) ( ITA NO 5986 /M/ 2013 dt 28 -9-2015) is affirmed
S.68: Cash credits – Loans – Confirmation, balance sheet, bank account produced -AO had made no effort to verify the details filed by the assessee- Addition is held to be not justified .
PCIT v. Parth Enterprises ( Bom) (HC) (UR) Editorial. Order in ITO v. Parth Enterprises ( Mum) (Trib) ( ITA No 976/M. 2016 dt. 10-06-2015 is affirmed .