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. 14A : Disallowance of expenditure-Exempt income– Disallowance cannot exceed in excess of actual expenditure. [R. 8D]

Tash Investment (P.) Ltd. v. ACIT (2019) 177 ITD 210 /181 DTR 109(Ahd.) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income – Investment in tax free bonds – No nexus between interest bearing funds and investment made in tax free bonds- Exemption cannot be denied. [S. 10(15)(iv)]

Standard Chartered Bank v. JCIT (2019) 177 ITD 139 / 200 TTJ 774T 178 DTR 201(Mum) (Trib.)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions–Advancing money for acquiring land and construction of building–Delay in execution of sale deed-Advance of money to employee trust-No violation-Denial of exemption is held to be not valid–Application of income-entitle to depreciation though the cost of asset was allowed as application of income. [S. 11, 12AA, 13(1)(d), 32]

ITO (OSD) v. Shrine Vailankanni Senior Secondary School (2019) 70 ITR 345 (Chennai)(Trib.)

S. 11 : Property held for charitable purposes-Trade association-Surplus from Goa Feast–Feast receipt and interest from bank-Entitle to exemption. [S. 2(15)]

Advertising Agencies Association of India v. ADIT (2019) 177 ITD 33 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Charging huge amounts for sponsorship fees from corporate entities on advertisement and free passes–Organisation for networking of entrepreneurs is not an educational institution-Membership is not open to general public-Contributors and beneficiaries are different–Not entitle to exemption. [S. 2(15)]

Indus Entrepreneurs v. CIT (2019) 70 ITR 19 (Mum.)(Trib.)

S. 10(37) : Capital gains-Agricultural land-With in specified urban limits–Compulsorily acquiring of land for public purpose- Provision meant for removing hardship–Two years prior to acquisition was used for agricultural purposes-Agricultural Officer had certified land to be agricultural land-AO cannot deny the exemption. [S. 2(14)(iii)(a)(b), 45]

ITO v. G.S. Lekha (Smt.) (2019) 177 ITD 1/ 200 TTJ 785 / 180 DTR 249 (TM) (Cochin) (Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India – Business connection – Indian assignment -Resident of USA- Not liable to tax in India – DTAA-India -USA. [Art. 4]

Dy.CIT v. Shri Kumar Sanjeev Ranjana ( 2019) 177 DTR 17 ( Bang) (Trb)

S. 4 : Charge of income-tax–Subsidy-Industrial investment or expansion-Capital receipt-Amendment to S. 2(24) by inserting clause (xviii) by Finance Act, 2015 with effect from 1-4-2016 is prospective in nature- Not liable to be reduced from cost of assets for purpose of depreciation.[S. 2(24)(viii), 32, 43(1)]

Alkoplus Producers (P.) Ltd. v. DCIT (2019) 177 ITD 150 / 71 ITR 650/181 DTR 329/ 201 TTJ 893 (Pune)(Trib.)

S. 2(14) : Capital asset – Tree standing on an agricultural land are transferred along with land as its integral part in one transaction, said land would be regarded as ‘agricultural land’ and not a separate capital asset -Entitle to exemption. [S. 2(14) (iii)(a),10(37), 45]

ITO v. G.S. Lekha (Smt.) (2019) 177 ITD 1 / 200 TTJ 785 (TM) (Cochin) (Trib.)

S.143(3): Assessment-–Jurisdiction- Amalgamation of companies – Notice issued in the name of amalgamating entity after amalgamation is void-The amalgamating entity ceases to exist- Participation in the proceedings by the assessee cannot operate as an estoppel against law. [ S.144C(1),170(2),292BB ]

PCIT v. Maruti Suzuki India Ltd ( 2019) 416 ITR 613/ 265 Taxman 515/ / 309 CTR 453/180 CTR 185 (SC), www.itatonline.org Editorial : Order in PCIT v. Maruti Suzuki India Ltd ( Successor of Suzuki Powertrain India Ltd) ( 2017) 397 ITR 681/ ( 2019) 107 Taxmann.com 472 (Delhi) (HC) is affirmed .