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. 28(i) : Business loss-Advance to subsidiary-Amount written off-Allowable as business loss-Conversion of capital asset in to stock in trade-Loss on sale of stock in trade-Allowable as business loss.

Sinnar Thermal Power Ltd. v. Dy CIT (2021) 89 ITR 263 (Mum.)(Trib.)

S. 28(i) : Business income-Business expenditure-Software development-Expenses, depreciation and set off of brought forward loss and unabsorbed depreciation-Matter remanded to Commissioner (Appeals). [S. 68]

Simto Property Developers Ltd. v. ACIT (2021) 89 ITR 7 (SMC) (SN) (Mum.)(Trib.)

S. 22 : Income from house property-Income from business-Rental income from leasing of flats-Assessable as income from house property. [S. 28(i)]

Dy. CIT v. Cache Properties Pvt. Ltd. (2021) 89 ITR 38 (SN) (Hyd.)(Trib.)

S.14A : Disallowance of expenditure-Exempt income-Own funds are more than value of investment in firm, mutual funds and shares-No disallowance can be made-Charging net amount to profit and loss account-Lump sum disallowance of 15 lakhs was held to be proper. [R. 8D(2)(ii), 8D(2)(iii)]

ACIT v. Century Real Estate Holdings Pvt. Ltd. (2021) 89 ITR 36 (SN) (Bang.)(Trib.) Dy. CIT v. India Infoline Finance Ltd. (2021)89 ITR 9 (SN) (Mum.) (Trib.)/Viney Corporation Ltd. v. ACIT (2021)92 ITR 59 (SN) (Delhi) ( Trib)/Hindustan Associated Engineers Pvt. Ltd. v. ITO (2021)92 ITR 33 (SN) (Delhi) ( Trib)

S. 12AA : Procedure for registration-Trust or institution-Fund to promote welfare and recreational activities of personnel of Delhi Police-Entitle to registration. [S. 2(15)]

Delhi Police Welfare and Recreational Club Fund v. CIT(E) (2021) 89 ITR 39 (SN) (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Amount spent on construction of buildings for its medical college would be treated as application of income for objects of trust and, hence, would qualify for exemption under section 11-factum of incurring such expenses by way of cash alone could not be a ground to hold that those expenses were related to non-specified purpose-Denial of exemption was held to be not justified-No violation. Section. 13 of the Act. [S. 2(15), 12A, 13, 69C, 132(4)]

Sri Srinivasa Educational & Charitable Trust v. ACIT (2021) 211 TTJ 663 / 182 ITD 554 / 204 DTR 265 (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Authority constituted under Urban Planning and Development Act-Local authority-Acquisition and Development of Land-Discharging statutory and sovereign function-Activities having direct nexus with obligations-Charitable activities-Entitled to exemption. [S. 2(15), 10(20A), 12A]

Agra Development Authority v. Dy. CIT (2021) 89 ITR 490 (Agra)(Trib.)

S. 10B : Export oriented undertakings-Production and Export of pasteurized crab meat-procurement of non-living dead crab and then process into chemical mixed pasteurized crab meat in a series of manufacturing process-Fall under the new definition of manufacture-Deduction allowable. [S. 2(29BA)]

Handy Waterbase India Pvt. Ltd. v. Dy. CIT (2021) 211 TTJ 950 / 202 DTR 1(Chennai)(Trib.)

S. 10A : Free trade zone-Export turnover-Foreign currency-Export proceeds within six months-General permission to realise export proceeds within 12 months of export-Matter remanded.

Robert Bosch Engineering and Business Solutions Pvt. Ltd. v. Dy. CIT (2021)89 ITR 33 (SN) (Bang.)(Trib.)

S. 10(23C) : Educational institution-Surplus re deployed regularly for educational purposes-Lese rent paid to trustees neither excessive nor un reasonable-Denial of exemption. Was not justified [S. 10(23C)(vi), 13(1)(c)]

Sardar Partapsingh Education Society v. CIT(E) (2021) 89 ITR 19 (SN) (Mum.)(Trib.)