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. 50B : Capital gains-Slump sale-Entire business of the undertaking was transferred to subsidiary-Order of Tribunal assessing the amount as slump sale is affirmed. [S. 2(11), 2(42C), 45, 50]

PCIT v. Akzo Noble India Limited (No. 1) (2022) 440 ITR 185 (Cal.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment to contractor without deduction of tax deduction at source-Disallowance is held to be proper. [S. 12AA, 13(1)(c), 234A, 234C]

Ilahia Trust v. CIT (2022) 440 ITR 90 / 209 DTR 355 / 325 CTR 337 / 285 Taxman 312 (Ker.)(HC).Editorial : SLP dismissed as withdrawn , Ilahia Trust v. CIT [2023] 291 Taxman 200 (SC)

S. 37(1) : Business expenditure-Disallowance of part of expenditure-Based on facts-No question of law. [S. 260A]

D. M. Sankar v. ITO (2022) 440 ITR 209 / 284 Taxman 560 (Karn.) (HC)

S. 37(1) : Business expenditure-Method of accounting-Incentive scheme announced to distributors and dealers-Liability arises upon announcement-Not a contingent-Ascertained liability-Allowable as deduction. [S. 145]

CIT v. Maharashtra Hybrid Seeds Co. Ltd. (2022) 440 ITR 75/ 212 DTR 84/ 328 CTR 676 (Bom.) (HC)

S. 37(1) : Business expenditure-Provision on account of leave encashment-Not contingent liability-Allowable as deduction.

PCIT v. Akzo Noble India Limited (No. 2) (2022) 440 ITR 190/ 286 Taxman 251 (Cal.)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Unity control and management-Order of Tribunal is affirmed.

CIT v. Maharashtra Hybrid Seeds Co. Ltd. (2022) 440 ITR 75/ 212 DTR 84/ 328 CTR 676 (Bom.) (HC)

S. 36(1)(iii) : Interest on borrowed capital-Borrowed money was used for the purpose of business-Expansion of business-Order of Tribunal is affirmed.

CIT v. Ceebros Hotels P. Ltd. (2022) 440 ITR 200/ 284 Taxman 205 (Mad.)(HC)

S. 28(i) : Business income-Income from house property-Income from other sources-Rental income from Mall should be considered as business. [S. 22, 56]

CIT v. Prestige Estate Projects Pvt Ltd (2022) 440 ITR 343 (Karn.) (HC)

S.14A : Disallowance of expenditure-Exempt income-No exempt income-No disallowance can be made. [R.8D]

PCIT v. Delhi International Airport Pvt. Ltd. (2022) 440 ITR 594 (Karn.)(HC)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Advance to proprietary concern of wife of managing Trustee-Explanation was not satisfactory-Disallowance was held to be proper. [S. 12AA, 13(1)(c)]

Ilahia Trust v. CIT (2022) 440 ITR 90 / 209 DTR 355 / 325 CTR 337 / 285 Taxman 312 (Ker.)(HC).Editorial : SLP dismissed as withdrawn , Ilahia Trust v. CIT [2023] 291 Taxman 200 (SC)