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. 40(a)(ia): Amounts not deductible – Deduction at source – Contractors – Purchase of packing material- Right of ownership of packing material was only transferred to assessee only when it was purchased from suppliers -Not liable to deduct tax at source –No disallowance can be made . [ S.194C ]

PCIT v. Shalimar Chemical Works Ltd. (2018) 257 Taxman 590 (Cal.) (HC)

S. 40(a)(ia): Amounts not deductible – Deduction at source -Reimbursement of lease rent charges – Not liable to deduct tax at source -Provision for contingent liability for which bills were not received during year under consideration and TDS was deducted as and when final bills were received – No disallowance can be made .[ S.194I ,

PCIT v. Sanghi Infrastructure Ltd. (2018) 257 Taxman 371 (Guj.)(HC)

S. 40(a)(ia): Amounts not deductible – Deduction at source -Interest- Payment for delayed allotment of land by Housing Corp. is not interest since there was neither any borrowing of money nor was there incurring of debt on part of assessee hence not liable to deduct tax at source-No disallowance can be made [ S.2(28A), 194A]

PCIT v. West Bengal Housing Infrastructure Development Corporation Ltd. ( 2018) 257 Taxman 570 / ( 2019) 306 CTR 601/ 173 DTR 377/ 413 ITR 82 ( Cal) (HC) Editorial: SLP of revenue is dismissed , PCIT v. West Bengal Housing Infrastructure Development Corporation Ltd ( 2019) 263 Taxman 237 (SC)

S. 37(1) : Business expenditure -Capital or revenue -Non-compete fee for five years – Allowable as revenue expenditure .

Asianet Communications Ltd. v. CIT (2018) 407 ITR 706 / 257 Taxman 473 /( 2019) 175 DTR 202 (Mad.)(HC)

S. 37(1) : Business expenditure -Capital or revenue-Amount paid to associate company, (G4S) for providing expert advisory and other security related services and knowhow inter-alia including use of trademarks -Not allowable as business expenditure as the amount was not incurred for wholly and exclusively for business purposes ,as the assessee has not led any evidence to establish the manner in which the technical know-how as acquired from G4S had been used in its business.

Monitron Security (P.) Ltd. v. CIT (2018) 257 Taxman 351 (Bom.)(HC)

S. 36(1)(vii) : Bad debt – Failure of subscribers of chit fund to make payment of their instalments is allowable as bad debt.

CIT v. Shriram Chits & Investments (P.) Ltd. (2018) 257 Taxman 395 /( 2019) 410 ITR 10(Mad.)(HC)

S. 32 : Depreciation –Leasing of vehicles- Asset utilized for the purposes of business- Entitle to depreciation

CIT v. Shriram Chits & Investments (P.) Ltd. (2018) 257 Taxman 395/(2019) 410 ITR 10 (Mad.)(HC)

S. 12AA : Procedure for registration –Trust or institution- At time of initiation of proceedings for cancellation of registration in year 2008, Commissioner did not have such a power in terms of sub-section (3) of section 12AA and, accordingly the order was to be set aside [ S.12A ]

PCIT v. JIS Foundation (2018) 89 taxmann.com 226 (Cal) (HC) Editorial: SLP of revenue is admitted ; PCIT v. JIS Foundation (2018) 257 Taxman 261 / 96 taxmann.com 257 (SC)/257 Taxman 553 /96 taxmann.com 611 (SC)

S. 12A : Registration –Trust or institution-Non disposal of application for registration after expiry of six months period is deemed to be granted automatically o expiry of six months period .

CIT v. TBI Education Trust (2018) 257 Taxman 355 / 172 DTR 347/( 2019) 306 CTR 295 (Ker)(HC)

S. 12A : Registration –Trust or institution- Registration of a trust does not involve enquiry into actual activities or application of funds, etc. and at that stage only enquiry required to be conducted is with respect to object of trust alone .[ S.2(15). 11 12AA]

CIT v. Babu Ram Education Society (2018)( 2018) 96 taxmann.com 606 (All) (HC). Editorial: SLP is granted to the revenue ;CIT v. Babu Ram Education Society (2018) 257 Taxman 558 / 96 taxmann.com 607 (SC)