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. 115JB : Book profit-Waiver of principal and interest-One time settlement-Disclosed in notes’ to Auditors Report- obligatory on part of Assessing officer to have considered same while determining book profit-Matter remanded – Prior period adjustment- Justified in rejecting claim of deduction in respect of prior period adjustments . [Companies Act, 1956, S. 211(6)]

Mukand Ltd. v. ITO (2019) 174 ITD 605 / 198 TTJ 894/ 176 DTR 156 (Mum.)(Trib.)

S. 68 : Cash credits–Share premium-High premium-Transaction cannot be doubted–Addition is held to be not justified.

DCIT v. Piramal Realty (P.) Ltd. (2019) 174 ITD 633/ 198 TTJ 999 / 176 DTR 242 (Mum.) (Trib.)

S. 54F : Capital gains-Investment in a residential house– Deduction cannot be denied only on the ground that bills and vouchers were not produced, when the inspector had visited the site and reported the construction of new house. [S. 45]

Govind Gangadhar Sabane v. ITO (2019) 174 ITD 577 (Pune) (Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation – Jantri value/circle rate of land was not higher than sale price agreed by assessee with purchaser, deeming provisions of could not be invoked. [S. 45, 48]

DCIT v. Nimish Kalyanbhai Vasa (2019) 174 ITD 562 / 199 TTJ 989/ 178 DTR 401 (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Interest paid to income -tax department on delayed payment of Tax deduction at source is allowable as deduction, it is not personal tax. [S. 40(a)(ii)]

Mukand Ltd. v. ITO (2019) 174 ITD 605 / 198 TTJ 884 / 176 DTR 156(Mum.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Advance to subsidiary- Commercial expediency-Corporate strategy -Disallowance of part of interest is held to be not justified.

DCIT v. Piramal Realty (P.) Ltd. (2019) 174 ITD 633 / 198 TTJ 999/ 176 DTR 242 (Mum.) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income – No disallowance can be made in the absence of any exempt income earned during the year . [R. 8D]

DCIT v. Piramal Realty (P.) Ltd. (2019) 174 ITD 633/ 198 TTJ 999 / 176 DTR 242 (Mum.) (Trib.)

S. 11 : Property held for charitable purposes – Accumulation of income- Application of income – Charitable trust is entitle to accumulate 15% of receipts without considering the expenditure incurred on objects of Trust – when the application of income, is more than receipts of year, excess application of income i.e., expenditure in hands of assessee, can be carried forward to succeeding year. [S. 11(1)(a), 11(2)]

Maharshi Karve Stree Shikshan Samstha Karvenagar .v. ITO (2019) 174 ITD 591 (Pune)(Trib.)

S. 226 : Collection and recovery–Stay-AO cannot direct the Assessee to pay 20% of tax in dispute without application of mind [S. 225]

Turner General Entertainment Networks India Pvt. Ltd. v. ITO ( 2019) 263 Taxman 89 (Delhi)(HC) www.itatonline.org

S. 205 : Deduction at source-Credit for tax deduction at source-Bar against direct demand–No recovery from the assessee for default committed by the deductor to deposit the tax deducted amount with the Government Treasury. Garnishee proceedings was quashed and directed the revenue to refund the amount recovered from the assessee. [S. 226(3)]

Pushkar Prabhat Chandra Jain v UOI (2019) 176 DTR 99 / 262 Taxman 104/ 309 CTR 218( Bom)