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. 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)

S. 14A : Disallowance of expenditure – Exempt income – When there is no exempt income during the relevant year no disallowance can be made .[ R.8D ]

ACIT v. Progressive Constructions Ltd ( 2018) 161 DTR 289 /63 ITR 516/ 191 TTJ 549( SB) ( Hyd) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – When there is no exempt income earned during the relevant period , no disallowance can be made [ R.8D ]

Moonrock Hospitality P. Ltd. v. DCIT ( 2018) 61 ITR 667 (Delhi) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – AO cannot straight way make disallowance without rejecting the disallowance computed by the assessee [ R.8D ]

DCIT v. Vantage Advertising P. LTD. (2018) 61 ITR 564 (Kolk) (Trib)

S. 14A : Disallowance of expenditure – Exempt income –Satisfaction to be recorded by the Assessing Officer ,it cannot be substituted by recorded satisfaction of Commissioner of Income tax ( Appeals) [ S. 251, R.8D ]

Arnav Gruh Ltd. v. DCIT (2018) 168 ITD 518 (Mum) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income –Rule 8D cannot be held to be applicable retrospectively and cannot be applicable to pending assessments [ R.8D ]

CIT v. Essar Teleholdings Ltd ( 2018) 401 ITR 445 / 162 DTR 225/ 300 CTR 561 / 253 Taxman 321 (SC) Editorial: CIT v. Firestone International P. LTD. ( 2015) 378 TR 558 ( Bom) (HC ) and CIT v. Essar Teleholdings Ltd ( Bom) (HC) is affirmed