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.28(i): Business loss — Fluctuation in foreign exchange rate was held to be allowable. [ S.37(i) ]

PCIT v. Samwon Precision Mould Mfg. India Pvt. Ltd. (2018) 401 ITR 486 (Delhi) (HC)

S. 28(i): Business income – Penny stock – Donation- Assessable as business income and not as short-term capital gains, deduction of donation was held to be allowable . [ S. 35,45 ]

Prem Jain (Smt) v. ITO ( 2018) 63 ITR 52 (SN)(Delhi)(Trib) , www.itatonline.org

S. 28(i) : Business income – Income from house property- License fee to operate hotel for a specified period was held to be assessable as inform from business and not as income from house property [ S. 22 ]

Palmshore Hotels (P.) Ltd. v. CIT (A)( 2018) 252 Taxman 191 (Ker.)(HC) Editorial: Order in Palmshore Hotels (P.) Ltd. v. CIT ( 2012) 28 taxmann.com 156 ( Cochin) (Trib) is reversed

S. 28(i): Business income – Capital gains- Adventure in the nature of trade – Assessable as business income [ S. 2(13), 45 , Foreign Exchange Management (Acquisition & Transfer of Immovable Property in India, Regulation 2000) S. 47 ]

V. A. Jose v. Dy. CIT (2018) 252 Taxman 386 (Ker.)(HC)

S. 23 : Income from house property – Annual value – Municipal valuation can be a pointer for fetching reasonable rental value, however multiplication factor derived for another property located in different locality, though in same city, cannot be applied blindly.[ S. 22,24 ]

ACIT v. Kamini Sundararam. (Smt.) (2018) 168 ITD 513 (Chennai) (Trib.)

S. 22 : Income from house property – Rental income is held to be assessable as income from house property though the land is not owned by the assesse. [ S. 24, 27(iiib), 56 ]

JG Exports v. ITO (2018) 168 ITD 21 (Chennai) (Trib.)

S. 17 : Perquisite – Amount received by an employee from redemption of Stock Appreciation Rights (SARs) can not be assessed as “perquisite” or as “profits of business” [ S.17(2)(iii), 28(iv), 45 ]

ACIT v. Bharat V. Patel (2018) 165 DTR 218 (SC) , www.itatonline.org

S. 14A : Disallowance of expenditure – Exempt income – When there is no exempt income disallowance cannot be made .[ R.8D ]

ACIT v. Claridges Hotels Pvt. Ltd. (20180 61 ITR 135 (Delhi) (Trib)

S. 14A : Disallowance of expenditure – Exempt income –PSU bonds of NTPC – Disallowance was restricted to 1 percent of exempt income [ R.8D ]

DCIT v. Growmore Leasing & Investment Ltd. (2018) 168 ITD 1 (Mum) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income -No disallowance can be made for securities held as stock in trade- Interest free funds available with assessee , no disallowance can be made [ R.8D, 36(1)(iii) ]

Siddhesh Capital Market Services P. Ltd. v. (2018) 61 ITR 400 //53 CCH 427(Mum) (Trib)