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. 36(1)(va) : Any sum received from employees-Provident fund-ESI-Paid before due date of filing of return-Allowable as deduction-Amendments of Finance Act, 2021 to section 43B and 36(1)(va) apply prospectively. [S. 43B]

Crescent Road ways Pvt. Ltd. v. ITO (2021) BCAJ-August-P. 49 (Hyd.)(Trib.)

S. 36(1)(va) : Any sum received from employees-Employees contribution-ESI-Provident Fund-Paid before due date of filing of return-Allowable as deduction. [S. 43B]

DCIT v. Maharashtra Tourism Development Corporation (2021) The Chamber’s Journal-October-P 110) (Mum.)(Trib.)

S. 32 : Depreciation-Good will-Slump sale-Business transfer agreement-Succession, amalgamation, demerger-Depreciation is allowable on good will.

TUV Rheinland Nife Academy Pvt. Ltd. v. ACIT (2022) BCAJ-January-P. 35 (Bang.)(Trib.)

S. 32 : Depreciation-Intangible-Right to collect toll is an intangible asset-Entitle for depreciation at 25%.

BSC C & C Krunnli Toll Road Ltd. v. DCIT (2021) BCAJ-July-P. 49 (Delhi)(Trib.)

S. 24 : Income from house property-Deductions-Property co habited as let out-Interest on borrowed capital-Eligible deduction. [S. 22, 23]

Hima Bindu Putta v. ITO (2021) BACJ-July-P. 50 (Hyd.)(Trib.)

S. 23 : Income from house property-Annual value-Vacancy allowance-Deemed rent-Property which could not be let out during the year annual value would be nil. [S. 22, 23(1)(c), 24(a)]

Puruushotamdas Goenka v. ACIT (2022) BCAJ-January-P. 35 (Mum.)(Trib.)

S. 23 : Income from house property-Annual value-Annual letting value of house property is to be determined on the basis of Municipal rateable value. [S. 22]

Anand J. Jain v. DCIT (2021) BCAJ-May-P. 50 (Mum.)(Trib.)

S. 22 : Income from house property-Leasing of the property-Additional common facilities like, lift, security, fire-fighting system common area facilities, car parking terrace use, water supply etc-License fees and amenities fes-Assessable as income from house property and not as income from other sources. [S. 56]

ACIT v. XTP Design Furniture Ltd. (2021) BCAJ-May-P. 50 (Mum.) (Trib.)

S. 4 : Charge of income-tax-Sale of FSI-Development Control Regulation (DCR)-Capital receipt-Not assessable as long term capital gains. [S. 2(24), 45]

Batliboi Ltd. v. ITO (2021) 62 CCH 160 (Mum.)(Trib.)

Direct Tax Vivad Se Vishwas Act, 2020

S. 4 : Filing of declaration and particulars to be furnished – Tax arrears — Interest not excluded — Charge of interests – Rejection of declaration was held to be not valid – Delay was condoned and communication was issued – Rejection of declaration was held to be erroneous . [ ITACT , S. 234A, 234B , 234C , Art , 226 ]

Premlata Mohan Agarwal (Mrs.) v. PCIT (2021)439 ITR 268 /(2022) 284 Taxman 564 (Bom) (HC)