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. 145: Method of accounting – Mere non-maintainence of stock register could not form the basis of rejection of books of accounts

Maruti Udyog Ltd v. CIT (2018) 406 ITR 562/253 Taxman 60/ 161 DTR 1 (Delhi) (HC )

S. 112 : Tax on long term capital gains -Foreign company on long-term capital gains arising on sale of equity shares of an Indian company being listed in securities, will be 10 per cent (plus surcharge and cess) of amount of capital gains as per proviso to S. 112(1)-DTAA- India -Japan [ S.45, Art. 4,13 ]

Honda Motors Co. Ltd., In re (2018)401 ITR 382/ 253 Taxman 402/ 301 CTR 159/ 163 DTR 113 (AAR)

S. 80IB: Industrial undertakings – Interest Subsidy – Revenue subsidies received by the assessee towards reimbursement of cost could be said to have direct nexus with profits and gains of industrial undertaking and eligible for deduction.

Kashmir Tubes v. ITO (2017) 85 taxmann.com 299 (2018) 300 CTR 541 (J&K) (HC)

S. 80IB: Industrial undertakings – Manufacture –Process of galvanization amounted to ‘manufacture’ since the resultant product is a different commercial commodity having distinct use and is sold at a higher price.

Kashmir Tubes v. ITO (2017) 85 taxmann.com 299(2018) 300 CTR 541 (J&K) (HC)

S.48:Capital gains – Computation – Expenses incurred towards fees for computerization of share certificates in order to transfer them to escrow account is allowable as deduction .[ S.45, 112 ]

Honda Motors Co. Ltd., In re (2018) 401 ITR 382/253 Taxman 402/ 301 CTR 159/ 163 DTR 113 (AAR)

S. 43B : Deductions on actual payment -Unutilised MODVAT credit representing excise duty paid of raw material/input at the end of year cannot be allowable as deduction

Maruti Udyog Ltd v. CIT (2018) 406 ITR 562/253 taxman 60/161 DTR 1 ( Delhi) (HC) Editorial: Affirmed in Maruti Suzuki India Ltd v CIT ( 2020) 114 taxmann.com 129 (SC) www.itatonline.org

S. 43B: Deductions on actual payment – Employees provident fund -No disaalowance can be made , if deposted prior to due date of filing of return [ S.139(1)]

Kashmir Tubes v. ITO (2017) 85 taxmann.com 299(2018) 300 CTR 541 (J&K) (HC)

S.37(1):Business expenditure –Bank- Provision for interest on over due deposits being ascertained liabilities which is crystallised during the relevant previous year is held to be allowable as deduction [ S.145 ]

Oriental Bank of Commerce v. Addl. CIT (2018) 162 DTR 257 /254 Taxman 197 (Delhi)(HC)

S. 11 : Property held for charitable purposes – Application of income -Wrirte back of depreciation was allowed to be carried forward for application of income of subsequent years [ S.32 ]

Lissie Medical Institutions v. CIT (2018) 161 DTR 73/300 CTR 130 (SC)

S. 37(1): Business expenditure – Expenditure incurred fpr acqudsition of application software which was subsequently abandoned would be allowable in year of write off as revenue expenditure [S.145 ]

Maruti Udyog Ltd v. CIT (2018) 406 ITR 562 / 253 Taxman 60/161 DTR 1 (Delhi) (HC )