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. 45 : Capital gains-Business income-Converted its stock-in-trade of shares into investment in shares-Profits arising from sale of such investment was to be taxed as capital gains, long-term or short-term and not as business income.[S. 28(i)]

Arunima Adcon Services (P.) Ltd. v. ACIT (2024) 204 ITD 146 (Delhi)(Trib.)

S. 45 : Capital gains-Business income-Shares shown as investment in balance sheet and not as stock in trade-Period of holdings ranging from 3301 to 1352 days-Income from sale of securities is assessable as capital gains and not as business income.[S. 28(i)]

DCIT v. Hero Investment (P.) Ltd. (2024) 204 ITD 29 (Delhi) (Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Outstanding more than three years-Addition cannot be made-Order of CIT(A) is affirmed.

DCIT v. Adani Mining (P.) Ltd. (2024) 204 ITD 269 (Ahd)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-Fes for technical services-Transponder fee and uplinking charges-Payment was not made for right to use any industrial, commercial or scientific equipment-Payment would not fall within ambit of royalty-Not liable to deduct tax at source-DTAA-India-USA [S.9(1)(vi), 9(1)(vii), Art. 12]

Taj TV Ltd. v. DCIT IT (2024) 204 ITD 50 (Mum)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Land development expenditure is allowable as revenue expenditure.

DCIT v. Adani Mining (P.) Ltd. (2024) 204 ITD 269 (Ahd) (Trib.)

S. 37(1) : Business expenditure-Penalty-Prior period expenses-Crystallized in year under consideration-Breach of contract-Can not be equated with offence, or something prohibited by law-Entitle to deduction. [Explanation to section 37, S. 145]

ACIT v. Chittorgarh Kota Tollway (P.) Ltd. (2024) 204 ITD 223 (Ahd)(Trib.)

S. 36(1)(iii) :Interest on borrowed capital-Interest free advances-Sufficient funds-No disallowance can be made.

PNP Maritime Services (P.) Ltd. v. DCIT (2024)204 ITD 810 /231 TTJ 31 (Mum) (Trib.)

S. 36(1)(iii) :Interest on borrowed capital-Interest-Banks and Public Financial institutions-Treatment in books of account-Allowable as deduction in the year in which the payment is made irrespective of its treatment in books of account. [S. 43B, 145]

DCIT v. BPTP Ltd. (2024) 204 ITD 41 (Delhi) (Trib.)

S. 32 : Depreciation-Additional depreciation-Business is commenced in earlier year-Depreciation and additional depreciation cannot be disallowed.

DCIT v. Adani Mining (P.) Ltd. (2024) 204 ITD 269 (Ahd)(Trib.)

S. 28(i) : Business income-Unregistered agreement-Deemed owner-Capital gains-Sale of land-Assessing Officer is justified in making addition on account of entire sale consideration received from ultimate buyer in hands of assessee. [S. 2(47), 4]

ITO v. Rishi Construction. (2024) 204 ITD 159 (Indore) (Trib.)