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. 80IB: Industrial undertakings – Manufacture –Process of galvanization amounted to ‘manufacture’ since the resultant product is a different commercial commodity having distinct use and is sold at a higher price.
Kashmir Tubes v. ITO (2017) 85 taxmann.com 299(2018) 300 CTR 541 (J&K) (HC)
S.48:Capital gains – Computation – Expenses incurred towards fees for computerization of share certificates in order to transfer them to escrow account is allowable as deduction .[ S.45, 112 ]
Honda Motors Co. Ltd., In re (2018) 401 ITR 382/253 Taxman 402/ 301 CTR 159/ 163 DTR 113 (AAR)
S. 43B: Deductions on actual payment – Employees provident fund -No disaalowance can be made , if deposted prior to due date of filing of return [ S.139(1)]
Kashmir Tubes v. ITO (2017) 85 taxmann.com 299(2018) 300 CTR 541 (J&K) (HC)
S.37(1):Business expenditure –Bank- Provision for interest on over due deposits being ascertained liabilities which is crystallised during the relevant previous year is held to be allowable as deduction [ S.145 ]
Oriental Bank of Commerce v. Addl. CIT (2018) 162 DTR 257 /254 Taxman 197 (Delhi)(HC)
S. 11 : Property held for charitable purposes – Application of income -Wrirte back of depreciation was allowed to be carried forward for application of income of subsequent years [ S.32 ]
Lissie Medical Institutions v. CIT (2018) 161 DTR 73/300 CTR 130 (SC)
S. 37(1): Business expenditure – Expenditure incurred fpr acqudsition of application software which was subsequently abandoned would be allowable in year of write off as revenue expenditure [S.145 ]
Maruti Udyog Ltd v. CIT (2018) 406 ITR 562 / 253 Taxman 60/161 DTR 1 (Delhi) (HC )
S. 32A:Investment allowance- Development rebate -Transfer of asset within 8 years to the retiring partner , denial of benefit of investment allowance/development rebate was justified.[ S.2(47),34(3),35A ,155(4A)]
Jupiter Radios (Regd.) v. Dy. CIT (2017) 88 Taxmann.com 93 / ( 2018) 163 DTR 233 (Delhi)( HC)
S. 14A: Disallowance of expenditure – Exempt income – Assessing Officer cannot attribute administrative expenses for earning tax free income in excess of total administrative expenditure.[R.8D ]
PCIT v. Adani Agro (P) Ltd. (2018) 253 Taxman 507 (Guj.)(HC)
S. 14A : Disallowance of expenditure – Exempt income -Net interest- Prior to its amendment with effect from 2-6-2016 , amount of expenditure by way of interest would be interest paid by assessee on borrowings minus taxable interest earned during financial year [ R.8D ]
Dismissing the appeal of the revenue , the Court held that ; Prior to its amendment with effect from 2-6-2016 , amount of expenditure by way of interest would be interest paid by assessee on borrowings minus taxable interest earned during financial year . (AY. 2008-09)
Nirma Credit & Capital (P.) Ltd (2017) 85 taxmann.com 72 / ( 2018) 300 CTR 286 (Guj HC)
PCIT v. Nirma Credit & Capital (P.) Ltd (2017) 85 taxmann.com 72 / ( 2018) 300 CTR 286/161 DTR 333 (Guj )HC)