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. 68 : Cash credits-Inflated credit balance-Not furnished evidence in spite of sufficient opportunity was granted-Addition is held to be justified.
Jaiswal Plastic Tubes Ltd. v. ACIT (2022) 288 Taxman 779 / 215 DTR 161 / 327 CTR 757 / ( 2023) 451 ITR 540 (Orissa)(HC)
S. 48 : Capital gains-Computation-Share purchase agreement-Full value of consideration-Tax component-Allowable as deduction while computing capital gains. [S. 45]
Durga Kumari Bobba v. Dy. CIT (2022) 288 Taxman 695/ 220 DTR 428 /// (2023)457 ITR 118/ 331 CTR 340/ (Karn.)(HC)
S. 44 : Insurance business-Computation of profits-Loss was computed by aggregating its reporting under shareholders account and policy holders account as prescribed under Insurance regulatory and development authority (IRDA). [S. 115B, 260A]
PCIT v. PNB Metlife India Insurance Co. Ltd. (2022) 443 ITR 415/ 209 DTR 383/ 324 TR 506 /140 taxmann.com 86 (Karn.)(HC) Editorial : Notice issued in SLP filed by Revenue, PCIT v. PNB Metlife India Insurance Co. Ltd. (2022) 288 Taxman 1 (SC)
S. 43B : Deductions on actual payment-Electricity duty-Captive power plant (CPP)-Amount deposited as per order of Court-Amount was received by Government-Allowable as deduction-Matter was remanded to Assessing Officer to verify the amounts released to State Government.
National Aluminium Co. Ltd. v. CIT (2022) 288 Taxman 36 / 215 DTR 375 / 327 CTR 340/ (2023)451 ITR 383 (Orissa)(HC)
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Method of accounting-Interest subsidy-Taxable on actual remission or cessation of liability. [S. 145]
CIT v. Vivada Inland Waterways Ltd. (2022) 288 Taxman 99 (Cal.)(HC)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-TDS deposited before last date of filing return-No disallowance can be made. [S. 139(1)]
PCIT v. Punjab National Bank (2022) 449 ITR 468 / 288 Taxman 127 (Delhi)(HC)
S. 37(1) : Business expenditure-Commission-Directors or relatives-None of them was shown to have any expertise in procuring Iron Ore Fines (IOF) from Indian markets-Disallowing is justified.
Oripol Industries Ltd. v. JCIT (2022) 288 Taxman 772 / 215 DTR 444 / 327 CTR 606 / (2023)451 ITR 379 (Orissa)(HC)