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. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts-Schedule bank-Deduction to be computed at rate of 7.5 per cent of total income-After setting off of brought forward losses. [S. 36(vii), 72]
DCIT v. Syndicate Bank (2022) 291 Taxman 166 (Karn) (HC)
S. 32 : Depreciation-Software-Period of use was less than 180 days-Entitle only 30 percent depreciation.
K. Chandrashekar Praskash v. ACIT (2023) 455 ITR 751 /291 Taxman 217 (Karn)(HC)
S. 32 : Depreciation-Activity of mining, mineral processing for exports, shipping etc. Amounted to production of iron-ore-Entitled for additional depreciation in respect of machinery used in mining.
PCIT v. Vedanta Ltd. (2023) 291 Taxman 205/(2022) 448 ITR 732 (SC) Editorial : PCIT v. Sesa Goa Ltd (2023) 146 taxmann.com 35 / 291 Taxman 229 (Bom)(HC)
S. 14A : Disallowance of expenditure-Exempt income-Suo-moto disallowance-Recorded the dissatisfaction–Assessing Officer recomputed the amount at higher amount-Order of Tribunal affirming the disallowance was up held. [S. 10(34), R. 8D(2)(iii)]
H.T. Media Ltd. v. PCIT (2023) 291 Taxman 423/ 332 CTR 734/ 224 CTR 197 (Delhi)(HC)
S. 14A : Disallowance of expenditure-Exempt income-Dividend income earned from the overseas entity-Included in the total income-No disallowance can me made-DTAA-India-Oman. [S. 90(2), R.8D, Art. 25]
PCIT v. IFFCO Ltd. (2023) 291 Taxman 493 (Delhi)(HC)
S. 14A : Disallowance of expenditure-Exempt income-No exempt income was received or receivable during relevant previous year-Disallowance cannot be made-Amendment to section 14A is prospective.[R.8D]
PCIT v. Delhi International Airport (P.) Ltd. (2023) 291 Taxman 490 (Delhi)(HC)
S. 10(37) : Capital gains-Agricultural land-Compensation received for acquisition land [Gujarat Town Planning and Urban Development Act, 1976 S. 107]
PCIT v. Urmi Nilesh Nagarsheth (2023) 291 Taxman 611 (Guj.)(HC)
S. 4 : Charge of income-tax-Club-Principle of mutuality-Non-permanent members, non-life members, temporary or honorary members, they are not entitled to vote or offer themselves as candidates for any elective office, or have no right of disposal over the surplus-Principle of mutuality is applicable. [S. 2(24)]
Jubilee Hills International Centre v. ITO (2023) 457 ITR 70/291 Taxman 600/ 334 CTR 158 (Telangana) (HC)
S. 69C : Unexplained expenditure -Unexplained investment – Unexplained money – Survey – Cash found less than the amount disclosed in the books of account – Addition cannot be made as an unexplained investment. [ S. 69, 69A,115BBE , 133A, 145 ]
Almech Enterprises v. ACIT ( Mum)( Trib) www.itatonline .org
S. 147: Reassessment – After the expiry of four years – Accommodation entries –Shell companies – Borrowed satisfaction – Information from investigation wing -Natural justice – Search – Survey-No failure to disclose material facts –Without the application of mind – Opportunity for cross-examination was not provided – Reassessment was quashed. ( Tribunal has passed 359 pages order dealing with all issues on reassessment proceedings .) [ S.131, 132.132(4), 133(6), 133A, 148, 153A, 153C ]
Evershine Recreation Private Limited v .DCIT ( Chd)( Trib) www.itatonline.org