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. 55 : Capital gains-Cost of improvement-Cost of acquisition-Fair market value-Indexed cost-Lease hold land-Rule ID [S. 2(22B), 45, 55(2)(b))(ii), 260A]

PCIT v. Dr. Karan Singh (2024) 298 Taxman 610 /337 CTR 609 (J&K and Ladakh)(HC)

S. 54 : Capital gains-Profit on sale of property used for residence-Under construction flat-Possession had been completed within a three years from date of sale of residential house-Entitle to deduction. [S. 45, 260A]

CIT(IT) v. Reema Chawla (2024) 298 Taxman 704 (Delhi)(HC)

S. 44BB : Mineral oils-Computation-Payment received for providing various services in connection with mining activity would not be chargeable to tax as fees for technical services. [S. 9(1))(vii), 44AD]

CIT (IT) v. Technip France SAS (2024) 298 Taxman 119 (Delhi)(HC)

S. 43B : Certain deductions only on actual payment-Excise duty-Included in closing stock-No double deduction-Allowable as deduction.[S.145, 260A]

Johnson and Johnson Ltd. v. Dy. CIT (2024) 298 Taxman 388 (Bom.)(HC)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Genuineness of transaction was in doubt-Order of High Court is affirmed-SLP of assessee is dismissed. [R.6DD(j), Art. 136]

Rajesh Kumar v. CIT (2024) 298 Taxman 753 / 463 ITR 328 (SC) Editorial : Rajesh Kumar v. CIT (2024) 296 Taxman 540/463 ITR 320 (Delhi)(HC)

S. 37(1) : Business expenditure-Provision for salary and wages-Justice Palekar Award-Ex-gratia bonus-Allowable as expenditure. [S. 36(1)(ii), 260A, Payment of Bonus Act, 1965]

Indian Express Newspapers (Bombay) Ltd. v. CIT (2024) 298 Taxman 507(Bom.)(HC)

S. 37(1) : Business expenditure-Payment to Haryana State Agricultural Board-Statutory functioning-Application of income-Allowable as deduction-Penalty order is quashed as the quantum disallowance is deleted. [S.260A, 271(1(c)]

Market Committee v. ACIT (2024) 298 Taxman 473 /467 ITR 118 (P&H)(HC)

S. 37(1) : Business expenditure-Cpmpensation-340 days delay-SLP is dismissed.[Art. 136]

PCIT v. Industrial Development Corporation of Orissa Ltd. (2024) 298 Taxman 743 (SC) Editorial: PCIT v. Industrial Development Corporation of Orissa Ltd (2023) 147 taxmann.com 298 (Orissa)(HC)

S. 37(1) : Business expenditure-Diversion by overriding title-Sharing of profit-The AO has to take into account the manner in which the business works, the modalities and manner in which SAP/additional purchase price/final price are decided and determine what amount forms part of the profit-Whatever is the profit component is sharing of profit/distribution of profit and the rest is deductible as expenditure-question of law is answered partly in favour of the revenue and partly in favour of the assessee-Matter is remitted to the AO to undertake the exercise as stated in the judgement after giving an opportunity to the respective assesses-Review petition is dismissed [S.40A(2),Sugarcane (Control) Order 1966 clauses, 3, 5A]

Sharad Sahakari Sakhar Karkhana Ltd. v. CIT (2024) 298 Taxman 191/339 CTR 345 (SC) Editorial : CIT v. Tasgaon Taluka S.S.K Ltd (2019) 262 Taxman 176 // 412 ITR 420 / 307 CTR 473/ 175 DTR 345 (SC)

S.263 : : Commissioner – Revision of orders prejudicial to revenue – Business expenditure-Interest-Real estate business-Not commenced the business-Investing in shares of subsidiary-Not allowable as deduction-SLP of assessee is dismissed as fresh assessment order was passed and the matter is pending before ITAT .[S. 37(1) Art.136]

Zuari Management Services Ltd. v. CIT (2024) 298 Taxman 551/ 471 ITR 130 (SC) Editorial : Zuari Management Services Ltd. v. CIT (2017) 88 taxmann.com 625 / 146 DTR 177/ 292 CTR 327 ( 2024) 471 ITR 123 (Bom)(HC)