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. 147 : Reassessment—Change of opinion—Provision for diminution in the value of an asset and provision for doubtful debts-Held to be bad in law. [S. 115JB, 148]

Rallis India Ltd. v. DCIT (2019) 411 ITR 452 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Transfer of asset to subsidiary-Subsequent transfer by subsidiary to third party -Transaction was disclosed in the original assessment proceedings- Re assessment is held to be not valid. [S. 148]

Bharti Infratel Ltd. v. DCIT (2019) 411 ITR 403/ 174 DTR 169 (Delhi)(HC)

S. 145 : Method of accounting-Mercantile system-Legal steps taken for enhancement of rent -Rent claimed before the arbitrator should be shown as accruing when the matter is pending before the Arbitration. [S. 22, 23]

CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342 / 309 CTR 42 (Ker.)(HC)

S. 145 : Method of accounting—Construction business–Percentage completion method–Brokerage expenditure–Allowable in the year when the expenditure is incurred. [S. 37(1)]

CIT v. DLF Home Developers Ltd. (2019) 411 ITR 378 (2020) 188 DTR 151 (Delhi) ( HC)

S. 115JB : Book profit–Unabsorbed depreciation-Business loss-Remand by the Tribunal is held to be justified–Provision for interest on bank loans made for earlier years–Waiver of interest-Finding of the Tribunal that interest was an unascertained liability is held to be not proper- matter remanded. [S. 43B]

Covema Filaments Ltd. v. CIT (2019) 411 ITR 560 (Ker.)(HC)

S. 92B : Transfer pricing–Associated enterprises—Expenditure advertisement, marketing and promotion—deletion of arm’s length adjustment -Held to be justified. [S. 92C]

CIT v. Gillette India Ltd. (2019) 411 ITR 459 (Raj.) (HC) Editorial: SLP is granted to the revenue , PCIT v. Gillette India Ltd (2018) 408 ITR 26 (St) / 264 Taxman 27 (SC)

S. 72 : Carry forward and set off of business losses–Business loss can be set off only against business income [S. 28(i)]

CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342/ 309 CTR 42 (Ker.)(HC)

S. 68 : Cash credits-Share application money–Failure to appear in response to summons- Addition is held to be justified. [S. 131]

J. J. Development Pvt. Ltd. v. CIT (2019)411 ITR 549 (Cal)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source– Recipients of the interest income had included the income in their return and paid taxes thereon-No disallowance can be made- Second proviso inserted by Finance Act 2012 is retrospective effect. [S. 201(1)]

PCIT v. Mobisoft Telesolutions Pvt. Ltd. (2019) 411 ITR 607 (P&H)(HC)

S. 37(1) : Business expenditure-Must be for business purposes–Not necessary that income should have been earned.

CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342/ 309 CTR 42 (Ker.)(HC)