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. 48 : Capital gains -Cost of improvement –Selective reading of sale agreement could not necessarily lead to disallowance- Expenses incurred to make house habitable allowable as deduction. [S. 45, 54, 54F]
Rajiv Ghai v. Asst. CIT(IT) [2024] 109 ITR 439 (Delhi)(Trib)
S. 48: Capital gains -Mode of computation -Denial of indexed cost of improvement for the property sold -Expenses incurred for the renovation of house property –Merely because there is no written agreement expenses incurred cannot be disallowed. [S. 45]
Ashwin Kapur v. Asst. CIT [2024] 109 ITR 27 (SN) (Delhi)(Trib)
S. 45:Capital gains- Short term capital loss -Sale of shares -Alleged bogus sales -Shares traded on BSE -No independent enquiry conducted by AO regarding rigging up of the price of shares by the Assessee or his broker –Loss is allowed to be set off against capital gains.
Varun Naginbhai Patel v. Dy. CIT [2024] 109 ITR 14 (SN) (Ahd)(Trib)
S. 44AD: Presumptive basis -Sale of milk – Computation of Profits and gains of business on presumptive basis- Return not filed -Below taxable income -Directed to add 8 % of the turnover. [S.139(1)]
Swaran Singh v. ITO [2024] 109 ITR 579 / 205 ITD 725 (Amritsar) (Trib)
S.43B: Deductions on actual payment – Deductions under the section for interest paid on loans to banks are allowable if the payments are made by the due date for filing income tax returns. [S.37(1), 139(1)]
Urjaa Metalics P. Ltd. v. Asst. CIT [2024] 109 ITR 59(SN) (Delhi)(Trib)
S. 36(1)(iii) :Interest on borrowed capital – Addition made are unjustified as the balances reflect business transactions, & not loans and advances. [S.37(1)]
Asst. CIT v. Sahara India Financial Corpn. Ltd. [2024] 109 ITR 33 (SN) (Delhi) (Trib)
S. 35DD: Amortisation of expenditure -Amalgamation -merger expenses -whether the year in which the High Court order was received can be treated as the 1st year from which the merger expenses can be claimed u/s 35DD and allow to claim the said expenses in next 4 AYs -Held yes.
United Spirits Ltd. v. Jt. CIT [2024] 109 ITR 37 (SN) (Mum)(Trib)
S. 32 : Depreciation -Goodwill -an intangible asset, qualifies for depreciation under the section, in acknowledgment of its value and impact on a company’s financial performance.
S & P Capital IQ (India) P. Ltd. v. Asst. CIT [2024] 109 ITR 56 (SN)/ 205 ITD 217 (Hyd) Trib)
S. 28(i) : Business loss Bad debt – Non-recovery of part of an amount advanced towards purchase of property -Written off in profit and loss account and claimed as deduction while computing income –business loss.[S. 36 (1)(vii), 37(1)]
Biltech Engineers P. Ltd. v. Asst. CIT [2024] 109 ITR 9(SN) (Raipur)(Trib)
S. 14A : Disallowance of expenditure -Exempt income – The provisions of the section are not applicable when the Assessee has not claimed any exempt income.[R. 8D]
Asst. CIT v. Sahara India Financial Corpn. Ltd. [2024] 109 ITR 33 (SN) (Delhi) (Trib)