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. 68 : Cash credits- Bank details and other particulars were furnished–Merely on the basis of report addition cannot be made -Deletion of addition is held to be justified. [S. 260A]

PCIT v. Adamine Construction (P.) Ltd. (2018) 99 taxmann.com 44 259 Taxman 132 (Delhi)(HC) Editorial : SLP of revenue is dismissed ,PCIT v. Adamine Construction (P.) Ltd. (2018) 259 Taxman 131 (SC)

S. 45 : Capital gains-Business income-Sale of shares-Only 10 scripts-Assessable as capital gains. [S. 28(i)]

CIT v. Hiren Dand v. CIT (2018) 259 Taxman 82 / 98 taxmann.com 427 (Bom.)(HC) Editorial : SLP of revenue is dismissed; CIT v. Hiren Dand (2018) 259 Taxman 81 (SC)

S. 40A(3) : Expenses or payments not deductible – Cash payments exceeding prescribed limits-Payment made to notified dealer- District Supply Officer’s order did not mandate any mode of payment either in cash or by cheque, and, moreover, there were banking channels available even when supplies had been effected, impugned disallowance was rightly made by authorities. [S. 260A, R.6DD]

Madhav Govind Dhulshete. v. ITO (2018) 259 Taxman 149 (Bom.)(HC )

S. 37(1) : Business expenditure–Capital or revenue-Encashment of bank guarantee -Failure to perform its part of concessionaire agreement, DTC encashed bank guarantee-Allowable as revenue expenditure.

PCIT v. Green Delhi BQS Ltd. (2018) 259 Taxman 153 / ( 2019) 175 DTR 131(Delhi) (HC)

S. 36(1)(iii) : Interest on borrowed capital- Interest free loans to subsidiaries – Advance to sister concern for business purposes – Allowable as deduction.

PCIT v. Reebok India Company (2018) 259 Taxman 100 (Delhi)(HC)

S. 12AA : Procedure for registration–Trust or institution- Non communication of changes in the object clause – Registration cannot be refused. [S. 11, 13]

CIT v. Rajasthan Cricket Association. (2018) 98 Taxman.com 425/( 2019) 260 Taxman 149/ 414 ITR 452 (Raj.) (HC) Editorial: SLP is granted to the revenue, CIT v. Rajasthan Cricket Association. (2018) 259 Taxman 90/ 406 ITR 34 (St) (SC)

S. 10A : Free trade zone – Development of software- Receiving basic engine from non-eligible unit, developed software at its eligible unit -Entitle to exemption. [S. 260A]

CIT v. Ajay Agarwal (HUF) (2018) 99 taxmann.com 18 / 259 Taxman 134 (Bom.) (HC) Editorial : SLP of revenue is dismissed ,CIT v. Ajay Agarwal (HUF) (2018) 259 Taxman 133 (SC)

S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – Fees for technical services – Developed basic engine and sent same to a non-resident company of Austria to design a new 3-valve cylinder head for improvement of fuel efficiency, performance and meeting Indian emission standard, payment made to Austrian company would not constitute royalty- DTAA-India –Austria. [Art. 6(2), 12]

DIT v. TVS Motors Co. Ltd. (2018) 259 Taxman 140/ (2019) 176 DTR 137 / 417 ITR 607/ 308 CTR 143 (Mad)(HC)

S. 2(22)(e) : Deemed dividend –Loan to share holder -Holding more than 10 per cent of equity shares of lending company and also having substantial interest in borrowing company- Amount of loan given by lender company to borrower company is held to be assessable as deemed dividend.

Sahir Sami Khatib v. ITO (2018) 259 Taxman 160/ 172 DTR 305/ ( 2019) 411 ITR 637/ ( Bom) (HC)/Sarosh Sami Khatib v. ITO (2018) 259 Taxman 160/ 172 DTR 305// ( 2019) 411 ITR 637 (Bom) (HC)

S. 4 : Charge of income-tax – Forfeited amount cannot be assessed as income – Justified in reducing the said amount from cost of the land [ .S.51]

Geeta Dubey (Smt.) . v. ITO (2018) 172 ITD 538 (Indore) (Trib.)