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. 54B : Capital gains-Land used for agricultural purposes-Purchased land in name of wife-Not entitle to exemption-Order of High Court affirjed-SLP dismissed. [S. 45]
Bahadur Singh v. CIT (Appeals) (2023) 295 Taxman 313 (SC) Editorial: Bahadur Singh v. CIT (Appeals) (2023) 154 taxmann.com 456 (P& H)(HC)
S. 45 : Capital gains-Long term capital gains from equities-Penny stocks-Shares of Shree Nath Commercial and Finance Ltd-No evidence available on record suggesting that assessee or his broker was involved in rigging up of price of script-Order of Tribunal allowing the exemption is affirmed.[S. 10(38),56, 260A]
PCIT v. Mamta Rajivkumar Agarwal (2023) 295 Taxman 512/(2024) 471 ITR 91 (Guj.)(HC)
S. 45 : Capital gains-Transfer-Possession was handed over-Subsequent termination of contract by mutual consent and returned back the sale consideration received-Liable to capital gains tax in the year of handing over of possession of property-Benefit of the tax scheme (Vivad se Vishwas Scheme-SLP dismissed. [S. 2(47)(v), Transfer of Property Act,1929, S.53A,Registation Act 1908, 17(1A)]
Harbour View v. CIT (2023) 295 Taxman 405 //(2024) 460 ITR 493 (SC) Editorial: SLP dismissed, CIT v. Harbour View (2018) 409 ITR 599/ 261 Taxman 330 (Ker)(HC)
S. 43B : Certain deductions only on actual payment-Leave travel allowance-Provision of section 43B(f) is would not apply.[S.43B(f)]
PCIT v. Heavy Engineering Corporation Ltd. (2023) 295 Taxman 349 (Jharkhand)(HC)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission-Not having Permanent Establishment or carrying on any business in India — Not liable to deduct tax at source. [S.195, 260A]
PCIT v. Maharani Enterprises (2023)457 ITR 15/295 Taxman 464 (Delhi)(HC)
S. 37(1) : Business expenditure-Capital or revenue-Replacement of spares in machineries-Up gradation of software-Revenue expenditure.
PCIT v. Gujarat Industries Power Co. Ltd. (2023) 295 Taxman 345 (Guj.)(HC)
S. 37(1) : Business expenditure-Provision for warranty-Liquidated damages-losses of non-moving inventories due to cancellation of orders-Sales promotion expenses-Allowable as deduction. [S. 145]
PCIT v. Heavy Engineering Corporation Ltd. (2023) 295 Taxman 349 (Jharkhand)(HC)
S. 37(1) : Business expenditure-Participatory development expenses-CSR expenditures-Order of Tribunal is affirmed.
PCIT v. Ramesh Prasad Sao (2023) 295 Taxman 755 (Cal.)(HC)
S. 37(1) : Business expenditure-Capital or revenue-Replacements of parts of machinery-Allowable as revenue expenditure-Contribution to Sardar Vallabhbhai Rastriya Ekta Trust for construction of a statue of Sardar Vallabhbhai Patel-Enhance brand value-Allowable as deduction.
PCIT v. Gujarat State Fertilizers & Chemicals Ltd. (2023) 295 Taxman 282 (Guj.)(HC)