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(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)

S. 28(i): Business loss-Embezzled-Loss deemed to be arisen when assessee comes to know about it and on realization on non recovery despite multiple attempts-Police complaints, Banking ombudsman etc-Write off on loss due to embezzlement allowable. [S. 145]

George Oakes Ltd v. ACIT (2022) 97 ITR 44 (SN) (Chennai)(Trib)

S. 28(i) : Business loss-Working capital-Allowable as business loss. [S. 37(1)]

Dy. CIT v. Global Wool Alliance Pvt. Ltd. (2022) 100 ITR 12 (SN) (Kol)(Trib)

S. 28(i) : Business loss-Fluctuation in foreign exchange-Restatement of outstanding liabilities on revenue items-Allowable as revenue expenditure. [S. 37(1)]

Herbalife International India Pvt. Ltd. v. Dy. CIT (2022) 100 ITR 456 (Bang.) (Trib)

S. 28(i) : Business loss-Real estate business-Purchase of land-Litigation-Stock in trade-Allowable as business loss.

Amarnath Aggarwal Builders Pvt. Ltd v. Dy. CIT (2022) 99 ITR 194 (Amritsar) (Trib)

S. 28(i) : Business loss-Business expenditure-Commodities trading-Non-recovery of purchase cost of goods paid to National Spot Exchange (NSEL)-Allowable as business loss [S. 37(1), 145]

Dy. CIT v. Cello Pens & Stationary (P) Ltd. (2022) 215 TTJ 486 / 210 DTR 53 (Mum)(Trib)

S. 28(i) : Business loss-Forward contract-Hedging transactions through banks-Loss allowable as business loss and not speculation loss. [S. 43(5), 73]

Dy. CIT v. Mahendra Brothers Exports Pvt. Ltd. (2022) 99 ITR 537 (Mum)(Trib)

S. 28(i): Business loss-Operationalising a sick company-Loss is allowable as business loss. [S. 37(1)]

ITO v. Roj Enterprises (P) Ltd. (2022) 219 TTJ 70 (UO) (Pune)(Trib)

S. 28(i) : Business loss-Running of sick company-Business loss allowable as deduction. [S. 37(1)]

ITO v. Roj Enerprises (P) Ltd. (2022) 219 TTJ 70 (UO)(Pune)(Trib)