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. 69 : Unexplained investments-Income from undisclosed sources-Huge expenses-Additions to income based on facts-No substantial question of law. [S. 260A]

A Narsinga Rao v. ACIT [2023] 155 taxmann.com 509 / (2024)460 ITR 526 (Telangana)(HC)

S. 56 : Income from other sources-Right shares-Allotted to proportionate to shareholding in company-Provision is not applicable in respect of allocation of rights shares allotted below FMV proportionate to his shareholding in company-Gifts-Additional shares received on account of renunciation of rights issue by wife and father-Relatives-Excluded from purview of operation of section 56(2)(vii)(c)-Share premium-Balance sheet-Balance sheet is not drawn up on date of allotment, for arriving at FMV of shares under section 56(2)(vii)(c)(ii), previous balance sheet which is audited and approved in AGM has to be taken into consideration, before allotment of share. [S. 56(2)(vii)(c), R.11UA(1)(c)]

PCIT v. Jigar Jashwantlal Shah (2023) 154 taxmann.com 5/ (2024)460 ITR 628 (Guj)(HC) Editorial : Jigar Jashwantlal Shah v. ACIT (2022)142 taxmann.com 200 / 226 TTJ 161 (Ahd)(Trib)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Deletion of addition on facts-No substantial question of law.[S. 37(1), 143(3), 260A]

PCIT v. Aditya Coke Pvt. Ltd. (2024)460 ITR 734 (Guj)(HC)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Amounts paid for services of employees of parent company-No Evidence that amount was reimbursement of actual expenditure as such services by parent company-Disallowance is affirmed.

Shriram Transport Finance Co. Ltd. v. ITO (OSD) (2024)460 ITR 66 (Mad)(HC)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Recipient filing belated loss return and not paying taxes on income declared-Liable to pay tax deducted at source with interest.[S.201(1)]

Academy of Medical Sciences v. CIT (2024)460 ITR 592/ 297 Taxman 2 (SC) Editorial :Refer Academy of Medical Sciences v. CIT (2018) 403 ITR 74 (Ker)(HC)

S. 37(1) : Business expenditure-Capital or revenue Royalty for use of logo of company-Expenses on employees stock option plan-Revenue expenditure.[Companies Act, 1956,2(15A) 2((37)]

CIT v. Shriram City Union Finance Ltd. (2024)460 ITR 232/161 taxmann.com 218 (Mad)(HC)

S.37(1): Business expenditure-Derivative contracts-Forward contracts-Foreign Exchange fluctuation loss-Loss is allowable. [S. 28(i)]

PCIT v. Emmsons International Ltd. (2024)460 ITR 715 /158 taxmann.com 10 (Delhi)(HC) Editorial : SLP rejected, PCIT v. Emmsons International Ltd. (2024)297 Taxman 4/460 ITR 718 (SC)

S.37(1): Business expenditure-Capital or revenue-Amounts paid as royalty to parent company for use of its trademark-Allowable as revenue expenditure-Employees stock option-Allowable as revenue expenditure-Interest on excess refund is not deductible.[S.143(1)

Shriram Transport Finance Co. Ltd. v. ITO (OSD) (2024)460 ITR 66 (Mad)(HC)

S. 37(1): Business expenditure-Loss on account of fluctuation in rate of foreign exchange-Derivative contracts-Hedge against exchange risk in respect of export proceeds receivable in foreign exchange-Loss is allowable-Special leave petition dismissed.[S. 28(i) Art. 136]

PCIT v.Emmsons International Ltd. (2024)460 ITR 718/ 297 Taxman 4 (SC) Editorial : PCIT v Emmsons International Ltd. (2024)460 ITR 715 /158 taxmann.com 10 (Delhi)(HC)

S. 37(1) : Business expenditure-Corporate Social Responsibility-Special Leave Petition Dismissed on facts-Leaving Question Of Law Open. [Art. 136]

PCIT v. Rites Ltd. (2024)460 ITR 593/297 Taxman 5 (SC) Editorial: Refer, PCIT v. PEC Ltd (2023) 451 ITR 436 /221 DTR 481/ 330 CTR 593/ 291 Taxman 281 (Delhi)(HC) / PCIT v. Rites Ltd. (2023) 451 ITR 436 / 221 DTR 481/ 330 CTR 593/ (Delhi)(HC)