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. 68 : Cash credits- Trade creditors- Deletion of addition is held to be justified on facts. [S. 260A]

PCIT v. Rajesh Kumar (2019) 260 Taxman 216 (Delhi)(HC)

S. 45 : Capital gains- Business income- Short term capital gains- Taken delivery of shares and used own funds–Assessable as capital gains and not as business income. [S. 28 (i)]

PCIT v. Business Match Services (I) (P.) Ltd. (2019) 260 Taxman 190 (Bom.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source Usance interest-Letter of credit discount charges-Merely in nature of reimbursement of cost incurred by suppliers under agreed arrangements and not interest- Not liable to deduct tax at source. [S. 2(28A, 194A]

PCIT v. Plastene India Ltd. (2019) 260 Taxman 197 (Guj.)(HC)

S. 40(a)(ia) : Amounts not deductible – Deduction at source – Reimbursement of expenses – Federation of International Hockey for arranging for provisional services connected with event of Hockey World Cup–Not liable to deduct tax at source. [S. 9(1)(i), 195]

PCIT v. Organizing Committee Hero Honda FIH World CUP ( 2018) 100 taxmnn.com 440/ 260 Taxman 180 ( Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Organizing Committee Hero Honda FIH World CUP. (2019) 260 Taxman 179 (SC)

S. 37(1) : Business expenditure-Consultancy services – Foreign travelling expenditure of representative – Allowable as business expenditure.

PCIT v. Business Match Services (I) (P.) Ltd. (2019) 260 Taxman 190 (Bom.)(HC)

S. 69 : Income from undisclosed sources—Bogus purchases- Purchases were not part of sales shown by the assessee- Bogus purchase for suppressing the profits of the business- Addition is held to be justified.

Shree Krishana Kripa Feeds v. CIT (2019) 410 ITR 533/ 260 Taxman 337/ 307 CTR 220/ 175 DTR 18 (P&H)(HC)

S. 68 : Cash credits—Unsecured loans-Explanation was not satisfactory – Addition is held to be justified.

Shree Krishana Kripa Feeds. v. CIT (2019) 410 ITR 533/ 260 Taxman 337/ 307 CTR 220/ 175 DTR 18 (P&H)(HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability-Co-Operative bank -Transfer to reserve or provision made in earlier years–Taxable as income. [S. 80P(4)]

Rajasthan State Co-Operative Bank Ltd. v. ACIT (2019) 410 ITR 434 (Raj)(HC) Editorial: SLP is granted to the assessee , Rajasthan State Co-Operative Bank Ltd. v. ACIT ( 2018) 407 ITR 15 (St)

S. 37(1) : Business expenditure–Capital or revenue-Pre-Operative expenses -Expenditure incurred on estimate basis could be reduced from dividends-Transfer pricing adjustment to consultancy charges-High Court has failed to independently evaluate the merits-Matter remanded to High Court for fresh consideration. [S. 80M, 92C]

CIT (LTU) v. Reliance Industries Ltd. (2019) 410 ITR 466 / 175 DTR 1 / 307 CTR 121/ 261 Taxman 165(SC) Editorial : Order of Bombay High Court in CIT (LTU) v. Reliance Industries Ltd.( ITA Nos 1550/ 1592/ 1775 and 1881 of 2014 dt 22-08 2017 , 23 -08 2017 is affirmed ( 2018) 161 DTR 420 /(2019) 410 ITR 468 (Bom)(HC)

S. 36(1)(iii) :Interest on borrowed capital – Interest-free funds available with assessee is sufficient to meet investment — Presumption is that investments in subsidiaries were out of interest free funds — No disallowance can be made.

CIT (LTU) v. Reliance Industries Ltd. (2019) 410 ITR 466/ 175 DTR 1 / 307 CTR 121/ 261 Taxman 165 (SC) Editorial : Order of Bombay High Court in CIT (LTU) v. Reliance Industries Ltd.( ITA Nos 1550/ 1592/ 1775 and 1881 of 2014 dt 22-08 2017, 23 -08 2017 is affirmed( 2018) 161 DTR 420 / (2019) 410 ITR 468 (Bom.)(HC)