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. 14A : Disallowance of expenditure – Exempt income – No disallowance in relation to shares and securities held as stock in trade and where owned funds are more than the value of shares and securities. [R. 8D]

Rajasthan State Industrial Development & Investment Corporation Ltd v. DCIT (2018) 195 TTJ 35 (Jaipur)(Trib.)

S. 10B : Export oriented undertakings–Interest free funds- Artificially imputing non-existent interest costs and denying deduction to the assessee was held to be not justified. [S.10B(7), 80IA(10)]

Nabros Pharma Ltd. v. ACIT (2018) 68 ITR 6 (SN) (Ahd.) (Trib.)

S 10(13A) : Exemption—Special allowance—House property loss— Employees claiming interest on housing loan and also exemption on account of house rent allowance are governed by two independent provisions-Entitle exemption. [S. 22, 192]

ACIT v. Shri SDV International Logistics Ltd. (2018) 68 ITR 35 (SN) (Kol.)(Trib.)

S. 4 : Charge of income tax–Capital or revenue-Subsidy-Additional Admitted -Excise duty refund and interest subsidy received from Government for setting up of an industry in the backward area was to be treated as a capital receipt. [S.28(i), 254(1)]

Kashmir Steel Rolling Mills v. DCIT (2018) 195 TTJ 125 / 169 DTR 137 (Asr.)(Trib.)

S. 12AA : Procedure for registration –Trust or institution- Registration cannot be refused on the ground that all initial trustees had taken citizenship of foreign country – Order of CIT(E) rejection of registration and application u/s 80G is set aside .[S.80G ,FEMA , 1999, S.6(5), Indian Trust Act 1882 , S 10,.60, 73 ]

Global Academy of Emergency Medicine v. CIT( 2018) 196 TTJ 273 / 171 DTR 73/(2019) 175 ITD 96 (Delhi) (Trib.)

S. 271AA : Penalty – Failure to keep and maintain books of accounts –Documents – International transaction – Transfer pricing – failure to maintain books of account as per rule 10D and failure to furnish documents u/s 92D(1) –No reasonable cause – Liable to penalty [S. 92D, 271G, 273B, Rule 10D]

India Pistons Ltd. v. (2018) 169 DTR 113 / 195 TTJ 358 (Chennai)( Trib)

S. 153A : Assessment – Search- Share Capital and Share premium – Statement recorded- No incriminating material was found in the course of search – Order is bad in law . [S. 68,132,132(4) ]

Hindustan Aqua Ltd. v. ACIT (2018) 195 TTJ 76 (Delhi) (Trib) Moon Beverages Ltd v. ACIT ( 2018) 195 TTJ 76 ( Delhi ) (Trib)

S. 36(1)(iii):Interest on borrowed capital – Loan taken for purchase of shares – Shares held as stock in trade – Business expenditure – Accepted in earlier year – Allowable as deduction- Department cannot take a different stand . [S. 37(1)]

ITO v. Abhinand Investment Ltd. (2018) 192 TTJ 51(UO) (Kol)( Trib)

S. 28(i): Business income -Agricultural income- Contract of growing and transporting grass – Growing and extracting grass – Agricultural Income – Transporting and relaying grass – Service – Business income. [ S. 2(1A),10(1)]

Hortus Consultants Pvt. Ltd. v. ITO (2018) 192 TTJ 465 / 165 DTR 147 (Hyd) (Trib)

S. 11: Property held for charitable purposes-Dividend income – Income can be taxed if the investment is in violation of the provision -Exemption cannot be denied to the Trust in respect of other income .[ S. 11(5), 12AA,13(1)(d)]

ITO v.The Times Centre For Media And Management Studies. (2018) 168 DTR 14/194 TTJ 715 (Delhi) ( Trib)