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. 32 : Depreciation-Suspension of business activities-generation and sale of electricity-Kept the asset for ready to use-Eligible for depreciation-Interest disallowance-Matter remanded for verification. [S. 32(1)(ii), 36(1)(iii)]

Sambhav Energy Ltd. v. ACIT (2022) 220 DTR 305/ 220 TTJ 1147/(2023) 199 ITD 750 (Jodhpur) (Trib)

S. 32: Depreciation-Additional depreciation-Put to use less than 180 days-Balance additional depreciation of 10 Per Cent. can be claimed in succeeding assessment year. [S. 32(1)(ii)), 32(1)(iia)]

Dy. CIT v. Haldiram Snacks Pvt. Ltd. (2022) 98 ITR 75 (SN)(Delhi) (Trib)

S. 32: Depreciation-Matter remanded for verification.

VMware Software India P. Ltd. v. Dy.CIT (2022)98 ITR 219 (Bang) (Trib)

Advocates Act , 1961 .

S. 16: Senior and other advocates – Regulation of process for designation as Senior Advocates –Fine tuning of process – The designation of Senior Advocates in India is a privilege awarded as a mark of excellence to advocates who have distinguished themselves and have made a significant contribution to the development of the legal profession – Objective is to provide better assistance to litigants and the Courts . [ S.16(2), Art, 32 ]

Indira Jaising v. Supreme Court of India , Through Secretary General AIR 2023 Supreme Court SC 3009

S. 32 : Depreciation-Capital or revenue-Setting up of plant-Facts identical to assessee’s earlier own case-Details of expenditure to be furnished for verification. [S. 37(1)]

Toyota Boshoku Automotive India Pvt. Ltd. v. ACIT (2022) 98 ITR 363 (Bang) (Trib)

S. 32: Depreciation-Molasses Tanks-Matter remanded for verification.

Sasamusa Sugar Works Pvt. Ltd. v. Dy. CIT (2022) 98 ITR 235 (Kol) (Trib)

S. 32: Depreciation-Additional depreciation-Claim not made in return-Subsequent letter the Assessing Officer-Justified in allowing the claim.

Oswal Woollen Mills Ltd. v. Add. CIT (2022)98 ITR 521 (Chd) (Trib)

S. 28(iv) : Business income-Value of any benefit or perquisites-Company-Principle of lifting of corporate veil-Converted in to money or not-Directors transferring shares to persons in control of company which had discontinued news paper business-Not a case of acquisition of shares simpliciter-Benefit derived by transaction to be taxed as arising from business from adventure in nature of trade-Not as income from other sources-Valuation of benefit at fair market value of property proper. [S. 2(13) 28(i), 56, 56(2)viib), R. 11UA]

Young Indian v. ACIT (E) (2022) 95 ITR 33 (SN) / 218 TTJ 1 (Delhi)(Trib)

S. 28(1) : Business income-Capital or revenue-Benefit or perquisite arising from business-Engine manufacturer giving assessee credit for selecting its engines-Not assessable as revenue receipt or capital gains-Capital receipts-Construction of documents-Nature of receipt to be judged in hands of recipient-Entries in books of account not determinative of character of receipt as income. [S.4, 28(iv), 45, 48]

Interglobe Aviation Ltd. (Indigo) v. Add. CIT (2022)95 ITR 586 (SB) (Delhi)(Trib.)

S. 28(i) : Business loss-Advances given to employees for meeting expenses-Amounts irrecoverable-Allowable as business loss-Matter remanded to the Assessing Officer for fresh examination. [S. 37(1)]

Xchanging Solutions Ltd. v. Dy. CIT (2022)96 ITR 544 (Bang)(Trib)