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. 48 : Capital gains-Mode of Computation-Stamp duty and registration charges-Paid as per terms of agreement-Allowable as deduction-Remanded for verification. [S. 45]

Kishore Bhagwandas Ramnani. v. ITO (2024) 111 ITR 148 / 206 ITD 491 (Mum) (Trib.)

S. 45 : Capital gains-indexed cost-Value as per 1-4-1981-Capital loss-Indexed cost of acquisition of immovable property is higher than sale consideration-Long-term capital loss-Addition on account of LTCG is deleted. [S. 55(2)(i)]

Millie Dey v. ITO (2024) 206 ITD 787 (Kol.)(Trib.)

S. 45: Capital gains-Share purchase agreement-Long term or short term-Conditional sale and only upon fulfilment of conditions, date of contract of sale was to be crystallized-Effective date of transfer would be date of receipt of sale consideration-Held shares for more than 12 months, shares were to be treated as long-term capital assets liable to long-term capital gains-Addition on account of capital gain is deleted-Corresponding penalty levied under section 271(1)(c) is also quashed. [S. 2(29A) 2(42A), 10(38), 271(1)( c)]

Citicorp International Finance Corporation. v. ACIT (IT) (2024) 206 ITD 241 (Mum) (Trib.)

S. 44BB : Mineral oils-Computation-Income deemed to accrue or arise in India-Business connection-Permanent Establishment-DTAA-India-UK [S.9(1)(i), Art. 5]

Baker Hughes Energy Technology UK Ltd. v. ACIT (IT) (2024) 206 ITD 436 (Delhi) (Trib.)

S.43B: Deductions on actual payment-Current liability-GST amount is paid before due date of filing of return-No disallowance can be made.[S. 44AB 139(1)]

P.K. Parikh HUF. v. ITO (2024) 206 ITD 333 (Ahd) (Trib.)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Wholesale trading of raw meat and animal wastes-Cash purchases below Rs. 20,000 each-Vendors lacking bank accounts and purchases being from remote areas-Disallowance is deleted.[R.6DD(e) (ii)]

Gyasuddin Qureshi v. ITO (2024) 206 ITD 156 (Delhi)(Trib.)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Merchant agreement-Booking of hotel rooms through platform-Contractors-Sub contractors-Minimum guarantee payments to hotels-Not liable to deduct tax at source.[S.194C, 194J]

Oravel Stays (P.) Ltd. v. ACIT (2024) 206 ITD 74 (Delhi)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Advertisement, sales promotion and clinical trial-Matter is remanded to Assessing Officer to examine applicability of proviso to section 201(1) and whether in few cases TDS was required to be deducted or not. [S.40(a)(ia), 195, 201(1)]

Isagro (Asia) Agrochemicals (P.) Ltd. v. DCIT (2024) 206 ITD 171 (Mum) (Trib.)

S.37(1): Business expenditure-Capital or revenue-Share issue expenses-Preliminary expenses incurred for increase in authorized capital is capital in nature. [S. 35D]

ACIT (OSD) v. M.S. Khurana Engineering Ltd. (2024) 206 ITD 741 (Ahd) (Trib.)

S. 37(1) : Business expenditure-Provision for expenses-Treatment of disposal of effluent waste and processing charges-credited back in subsequent year-Matter remanded-Sales return-Provision made for loss of sales return, being an expenditure which was not crystallized and was an anticipated loss, could not be allowed as deduction.[S.145]

Isagro (Asia) Agrochemicals (P.) Ltd. v. DCIT (2024) 206 ITD 171 (Mum) (Trib.)