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. 35 : Expenditure on scientific research-Prior to amendment in rule 6(7A)(b) with effect from 1-7-2016, once facility is approved by DSIR, assessee is entitled to weighted deduction under section 35(2AB) and there is no requirement that expenses also need to be approved by DSIR in Form No. 3CL.[R.6(7A)(b)]

Marksans Pharma Ltd. v. DCIT (2023) 203 ITD 269 (Mum) (Trib.)

S. 32 : Depreciation-Intangible assets-Amalgamation-Matter remanded to the file of CIT(A) for de novo adjudication. [S. 32(1), 250]

Dow Chemical International (P.) Ltd. v. DCIT (2023) 203 ITD 575 (Mum) (Trib.)

S. 32 : Depreciation-Edible oil brand from a company on merger-Book value in the transferor company on date of merger was NIL-Subsequent change in its value had to be ignored-Not entitle to depreciation.[S. 2(19AA), 32(1)(ii)]

DCIT v. Amrit Banaspati Company Ltd. (2023) 203 ITD 230 /226 TTJ 137 (Delhi) (Trib.)

S. 32 : Depreciation-Addition in plant and machinery-Additional depreciation-Matter remanded back to the Assessing Officer.[32(1)(iia)]

Alok Ferro Alloys Ltd. v. DCIT (2023) 203 ITD 199 (Raipur) (Trib.)

S. 28(i) : Business income-Income from house property-Business of real estate development-Sale of commercial building let out to tenants earlier-Assessing the capital gains and income from house property as business income by the Assessing Officer is affirmed. [S. 22, 23, 45]

ACIT v. Knowell Realtors India (P.) Ltd. (2023) 203 ITD 645 (Cochin) (Trib.)

S. 23 : Income from house property-Annual value-Estate developer-Deemed rent-Unsold stock of flat/shop as stock-in-trade in its balance sheet-Deemed rent-Assessable as income from hose property-Notional rent was to be computed by ascertaining municipal rentable value. [S. 22]

Dimple Enterprises. v. DCIT (2023) 203 ITD 1 (Mum) (Trib)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Concession in rent on property let out to its trustees-No change on facts-Denial of exemption is not justified.[S.11, 12 , 13(2)(b), 13(3)]

Dy. CIT (E) v. Hamdard Laboratories (India) (2023) 203 ITD 729 (Delhi) (Trib.)

S. 12AB : Procedure for fresh registration-Providing medical facilities to poor. CIT(E) is to directed to grant registration to assessee-trust under section 12AB. [S.12A]

Math Gadwaghat Trust. v. CIT (2023) 203 ITD 661 / (2024) 228 TTJ 262 (Varanasi) (Trib)

S. 12AA : Procedure for registration-Trust or institution-Denied registration without considering objects and genuineness of activities-Matter remanded to CIT(E) pass de novo order. [S. 253(2)]

Hari Krishna Trust. v. CIT (2023) 203 ITD 58 (Lucknow) (Trib.)

S. 11 : Property held for charitable purposes-Religious trust-Purchase gold and silver for preparation of ornaments for idols of God in temple-No violation of provision-Denial of exemption is not valid. [S.11(5)(b), 12A]

ACIT v. Shri Mahudi Madhupuri Jain Shwetamber Murtipujak Trust. (2023) 203 ITD 723/ 107 ITR 32 (SN) (Ahd) (Trib.)