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. 36(1)(iii) : Interest on borrowed capital–Investment in acquiring control of two companies–Disallowance of expenditure on imaginary income and expenditure of subsequent year is held to be not justified – Expenditure is held to be allowable. [S. 14A, 57]

Vikram Somany v. CIT (2019) 261 Taxman 226 (Cal.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Unless and until there is receipt of exempted income for concerned assessment year, section 14A is not attracted.[R. 8D]

PCIT v. Vardhman Chemtech (P.) Ltd. (2019) 261 Taxman 233/ 179 DTR 35/(2020)423 ITR 241 (P&H)(HC)

S. 14A : Disallowance of expenditure – Exempt income – Applicability of Rule 8D is not mandatory in every case where assessee earns tax free dividend income – Rule 8D cannot be invoked and applied unless Assessing Officer records his dissatisfaction regarding correctness of claim made by assessee in relation to expenditure incurred to earn exempt income. [S. 10(34), R.8D ]

PCIT v. Vedanta Ltd. (2019) 261 Taxman 179 (Delhi)(HC)

S. 10B : Export oriented undertakings-Deemed exports-Export through third parties-Entitled to deduction.

Metal Clousers ( P.) Ltd. v. Dy.CIT (2019) 102 taxmann.com 71 / 261 Taxman 162 (Karn.)(HC) Editorial : SLP of revenue is dismissed Dy. CIT v. Metal Closures (P.) Ltd. (2019) 261 Taxman 161 (SC)

S. 4 : Charge of income-tax – Sales tax waiver benefits are in nature of capital receipts.

CIT v. Indian Petrochemicals Corpn. Ltd. (2019) 261 Taxman 251 (Bom.)(HC)

S. 250 : Appeal-Commissioner (Appeals)–Ex parte order-Order passed without giving opportunity of being heard was in violation of principle of natural justice- Matter remanded. [S.254(1) ITAT R. 28]

Narendrakumar Kuvarjibhai Vadher v. ITO (2019) 175 ITD 329 (Surat)(Trib.)

S. 115JB : Book profit- Not following the Accounting standard –AO Must modify the book profit as per Accounting Standards as per provisions of Companies Act.

Gati Ltd. v. ACIT (2019) 175 ITD 310 (Hyd.)(Trib.)

S. 115A : Foreign companies–Tax–Royalty–In terms of technology license agreement entered into by assessee an Italy based company with its Indian AE effective from 1-04-2008, being covered by sub-clause (AA) of section 115A(1)(b), rate of tax on royalty recieved by assessee will be 10.50 per cent-DTAA- India Italy. [S.90(2), 195A]

Piaggio & C.S.P.A. v. DIT (2019) 175 ITD 304/ 70 ITR 1 (SN) (Pune)(Trib.)

S. 72A : Carry forward and set off of accumulated loss– Amalgamation-Not specified at to how those conditions were not met-Allowed to be set off.

ACIT v. ADM Agro Industries Dharwad (P.) Ltd. (2019) 175 ITD 324 (Delhi)(Trib.)

S. 56 : Income from other sources-Joint venture company of Central and State Government-Metro Rail project-Fixed deposit with Bank – Not assessable as income from other sources [ S.4 ]

ITO v. Kolkata Metro Rail Corpn. Ltd. (2019) 175 ITD 347 (Kol.) (Trib.)