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.36(1)(iii): Interest on borrowed capital -Firm- Exempt income -Capital assets received in form of shares in names of partners and not firm — Failure to establish shares forming part of capital account of firm —Disallowance was held to be justified [ S. 14A , 263 ]
Shiva Auto Mobiles (Auto Division) v. CIT (2018) 402 ITR 427 (All) (HC)
S. 35E :Expenditure on prospecting – Minerals –Amortisation- 10% of expenses was held to be allowable .
Mahanadi Coalfields Ltd. v. DCIT (2018) 61 ITR 585 (Ctk) (Trib)
S. 35D : Amortisation of preliminary expenses – No disallowances can be made as there was no material to show that the business income of shipping division was offered on basis of tonnage tax scheme [ S. 37(1) ]
ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)
S. 35 : Scientific research – Approval of competent authority is mandatory to claim weighted deduction [ S. 35(2AB)]
PCP Chemicals (P.) Ltd. v. ITO (2018) 168 ITD 26 (Mum) (Trib.)
S. 32: Depreciation — Gym equipment installed in premises of assessee’s Managing Director was held to be allowable .[ S. 2(11) ]
ACIT v. Claridges Hotels Pvt. Ltd. (20180 61 ITR 135 (Delhi) (Trib)
S. 32: Depreciation — Depreciation cannot be disallowed on motor car only on the reason that cars were parked on promoter’s premises .
ACIT v. Claridges Hotels Pvt. Ltd. (20180 61 ITR 135 (Delhi) (Trib)
S. 32: Depreciation —Block of assets – Loss on sale of motor car debited in Profit and loss account was held to be not allowable, however depreciation was held to be allowable after reducing sale proceeds from remaining block of assets . [ S. 2(11) ]
Pearl Freight Services P. Ltd. v. ACIT (2018) 61 ITR 390 (Mum) (Trib)
S. 32: Depreciation – Right to operate the toll road /bridge -Commercial rights which is entitle to deprecation .[ S.32(1)(ii)]
ACIT v. Progressive Constructions Ltd ( 2018) 161 DTR 289 /63 ITR 516/191 TTJ 549 ( SB) ( Hyd) (Trib)
S. 32: Depreciation — For the prior period the revenue cannot thrust upon the depreciation on the basis of written down value , in the preceding years , if the assessee had not claimed it . [S. 32, Expl. 5, 43(6) ]
CIT v. Reliance Industries Ltd ( 2018) 161 DTR 420 /( 2019) 410 ITR 468 ( Bom) (HC)Editorial: Matter remanded to High Court, CIT v. Reliance Industries Ltd ( 2019) 410 ITR 466 /175 DTR 1/ 307 CTR 121 (SC)