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
Click here to download the pdf versions of the Digest of case laws

S. 45: Capital gains-Long-term or short-term-Letter of allotment-Period of holding to be considered from the date of allotment-Held to be long term capital gains-Investment in a residential house-Wrongly claimed u/s 54-Matter is remanded to the Assessing Officer for verification. [S. 2(29AA), 2(29B), 54, 54F]

Minaxi Mahesh Pawani (Deceased) Through LR Pratik Mahesh Pawani v. ITO (IT) (2024) 231 TTJ 19 / 241 DTR 124 / 38 NYPTTJ 838 (Mum) (Trib)

S. 45: Capital gains-Capital loss-Sale of shares-Cost of acquisition-Special provision of S. 50CA which considers the fair market value as full value of consideration for transfer of unquoted shares has been brought into effect from asst. yr. 2018-19-Loss cannot be disallowed. [S.48, 5OCA]

Dayal Agro Products Ltd. v. JCIT (2024) 231 TTJ 860 / 241 DTR 225 / 38 NYPTTJ 954 (Nag)(Trib)

S. 44BB : Mineral oils-Computation-In the absence of a PE of the assessee in India-Not taxable in India-DTAA-India-Canada-Non-Resident-Income subject to TDS-Interest cannot be levied. [S.90, 209(1), 234B Art. 7]

Computer Modelling Group Ltd. v. ACIT (IT) (2024) 231 TTJ 699 / 38 NYPTTJ 570 (Delhi)(Trib)

S. 43B : Deductions on actual payment-Tax collected at source-Holds custodian of Government-Not disallowable. [S.143(1), 206C(6A)]

Aay Kay Manufacuring Co. v. ITO (2024) 231 TTJ 76 (UO)(Amritsar)(Trib)

S.37(1): Business expenditure-Finance charges-Treated as deferred revenue expenditure or prepaid expenditure in the books of accounts over the period of loan-Allowable as deduction-Bad debt-matter remanded. [S. 36(1)(viia), 145]

Cholamandalam Investment & Finance Co. Ltd. v. Dy.CIT (2024) 231 TTJ 840 / 38 NYPTTJ 1060 (Chennai)(Trib)

S. 32: Depreciation-Actual cost-Grant in aid received from Government-Grant-in-aid basis the scheme is directly attributable to the cost of plant and machinery and technical civil works-Grant-in-aid is therefore, required to be reduced from the value/cost of the assets eligible for depreciation. [S. 32(1)(ii),43(1), Expln 10.]

Pagro Frozen Foods (P) Ltd. v. ITO (2024) 231 TTJ 413 / 38 NYPTTJ 988 (Chd)(Trib)

S. 28(i) : Business loss-Loan to employees-Sundry advances written off is allowable as business loss. [S. 37(1)]

ACIT v. Daawat Foods Ltd. (2024) 231 TTJ 30 (UO) (Delhi)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Interest free funds-Not recorded dissatisfaction-Addition is deleted. [R.8D]

Urmin Products (P) Ltd. v. Dy. CIT (2024) 231 TTJ 100 (UO) (Ahd)(Trib)

S. 10B: Export oriented undertakings-Non-realisation of export proceeds within six months-CIT(A) has rightly issued directions to allow the assessee’s claim in the year of return after due verification of the facts of return of goods-Provisions for doubtful debts and advances-Not to be added to book profit.[S.115JB]

Sun Pharmaceutical Industries Ltd. v. Dy.CIT (2024) 231 TTJ 164 / 38 NYPTTJ 520 (Ahd)(Trib)

S. 10A : Free trade zone-Export turnover-Total sales-Deemed exports-Export turnover should constitute at least 75 per cent of the total turnover, although in quantitative terms, the export quantity might be less than 75 per cent of the total sale quantity.[S.10A(2)(ia), Export-Import Policy 1992-97]

IBM Global Services India (P) Ltd. v. Dy.CIT (2024) 231 TTJ 1 / 240 DTR 321 / 38 NYPTTJ 1001 (Bang)(Trib)