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- Professional fees paid to retired employees of assessee who were expert in this field is held to be allowable as deduction .
DCIT v. Laboratories Griffon (P.) Ltd. (2018) 170 ITD 387/ 65 ITR 317/193 TTJ 855/( 2019) 178 DTR 355 (Kol) (Trib.)
S.36(1)(iii): Interest on borrowed capital- Work in progress- Expansion of existing business – interest on capital work-in-progress representing amount incurred on installation of new towers, is held to be not allowable as deduction .Matter was seta side to AO to verify if investment was made from interest free funds no disallowances can be made .
DCIT v. Vodafone Essar Digilink Ltd. (2018) 170 ITD 430 / 193 TTJ 150/ 166 DTR 233 / 64 ITR 392 (Delhi) (Trib.)
S. 36(1)(iii) :Interest on borrowed capital -Interest on loan taken for renovation and modernisation of factory premises is allowable as deduction .
DCIT v. Laboratories Griffon (P.) Ltd. (2018) 170 ITD 387/ 65 ITR 317 /195 TTJ 855/( 2019) 178 DTR 355 (Kol) (Trib.)
S.32: Depreciation- Lease premises -Notionally estimated cost and capitalised for restoration of office spaces for setting up of cell site towers – Depreciation is held to be not allowable [ S.43(1) ]
DCIT v. Vodafone Essar Digilink Ltd. (2018) 170 ITD 430 / 193 TTJ 150/ 166 DTR 233/ 64 ITR 392 (Delhi) (Trib.)
S.28(i): Business loss -Derivatives- loss at end of year on mark to market basis could not be disallowed on ground that same was contingent in nature [ S.37(1) ]
Edel Commodities Ltd. v. DCIT ( 2018) 170 ITD 402/166 DTR 289/194 TTJ 86 (Mum) (Trib.)
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Deduction allowed u/s 10A allowed before adjustment unabsorbed depreciation or losses is held to be valid- Revision was held to be not valid . [ S.10A ]
Vision Iknowledge Solutions Pvt Ltd v PCIT ( 2018) 64 ITR 85 ( Delhi) (Trib)
S. 245D : Settlement Commission -Broker – Search and seizure- Failure to substantiate that entire unaccounted income from seized documents did not belong to him in respect of off market commodity transactions and hedging transaction -Rejection of application was held to be justified [ S. 69A, 153A, 245C ]
Manojkumar Babulal Agarwal v. Secretary, ITSC ( 2017) 83 taxmann.com 139/( 2018) 406 ITR 481 ( Guj) (HC) Editorial: SLP is granted to the assessee , Manojkumar Babulal Agarwal v. Secretary, ITSC ( 2018) 255 Taxman ( 2018) 255 Taxman 170 (SC)/ 403 ITR 311 ( St.)
S. 194C : Deduction at source – Contractors – Payments to contractor for purchase of land and not development of works carried out is not liable to deduct tax at source [ S. 201(1) 201(IA) ]
ITO v. Remco ( BHEL) House Building Co -Operative Society Ltd ( 2018) 64 ITR 39 ( Bang) (Trib)
S. 151 : Reassessment – Sanction for issue of notice – After the expiry of four years- Approval was not obtained – Reassessment was held to be bad in law [ S.147, 148 ]
Rama Goyal (Smt) v.ITO ( 2018) 64 ITR 1 ( Jaipur) (Trib)
S. 144C : Reference to dispute resolution panel – Defect in existing in original assessment order cannot be cured – show cause notice cannot be equated with assessment order – Oder passed without passing draft assessment was seta side .
Dy CIT v. Jaipur Rugs Co. P. Ltd (2018) 64 ITR 128 / 193 TTJ 49 (UR)( Jaipur) (Trib)