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. 56 : Income from other sources -Receipt of shares without adequate consideration or for inadequate consideration — Assessee Filing Reply Before Assessing Officer supported by documentary evidence with certificate of Chartered Accountant and report of registered Valuer — AO was directed to decide issue a fresh [ S.56(2) viib)]

Meenu Paper Mills P. Ltd. v. ACIT (2018) 64 ITR 709 (Delhi) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation -Property was tenanted and Court cases were pending , certain portion to be taken over by authority for road widening -Objections of the assessee was not dealt with authorities – Addition on account of difference in stamp valuation and sale deed is held to be not valid .[ S.45 ]

Atul Kumar Garg HUF and ors ( 2018) 64 ITR 72 (SN) (Lucknow) ( Tri)

S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable -Payment of interest on unsecured loans at rates between 15 % an 18% can not be held to be excessive.

CIT v. Ahmedabad Strips P. Ltd. (2018) 64 ITR 683 (Ahd) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source – Payee in its return disclosing payment received, no disallowance can be made for failure to deduct tax at source – Second proviso to S.40(a) of the Act is to be read as applicable with retrospective effect.

CIT v. Ahmedabad Strips P. Ltd. (2018) 64 ITR 683 (Ahd) (Trib)

S.37(1): Business expenditure- Lease hold premises – Repairs and maintenance – Order of CIT(A) lacked quasi -Judicial investigation and analysis fair to both the assessee as well as the department- Repair and maintenance expenses and business promotion expenses- Matter was remanded to CIT(A) for fresh adjudication .

Dy CIT v. Amar Brothers Global P. Ltd (2018) 64 ITR 69 (SN)( Lucknow) ( Trib)

S. 36(1)(iii) :Interest on borrowed capital – Own funds more than investment- Disallowance of interest cannot be made.

CIT v. Kiran Gems Pvt. Ltd. (2018) 64 ITR 689 (Mum) (Trib)

S.32: Depreciation — Additional depreciation — Lab Equipment and Electrical Items is essential for manufacturing process which is entitled to additional depreciation [ S.32(1)(iii) ]

CIT v. Ahmedabad Strips P. Ltd. (2018) 64 ITR 683 (Ahd) (Trib)

S. 32 : Depreciation -Motor Car — Company purchasing car in name of its manager which is used for the purpose of its business is entitle to depreciation.

CIT v. Ahmedabad Strips P. Ltd. (2018) 64 ITR 683 (Ahd) (Trib)

S.28(i):Business loss — Fluctuation in foreign exchange loss — Derivative Contracts —Actual contract for sale of Merchandise is not speculative transaction is deductible.[ S.43(5) ]

Toshiba Embedded Software (India) Pvt. Ltd. v. DCIT (2018) 64 ITR 675 (Bang) (Trib)

S.28(1): Business loss — Forward and derivative contracts — gains on account of foreign exchange difference — Marked to Market Loss-Matter remanded for actual verification of entries in the books of account . [ S.37(1) ]

CIT v. Kiran Gems Pvt. Ltd. (2018) 64 ITR 689 (Mum) (Trib)