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. 32: Depreciation-Additional depreciation-Claim not made in return-Subsequent letter the Assessing Officer-Justified in allowing the claim.

Oswal Woollen Mills Ltd. v. Add. CIT (2022)98 ITR 521 (Chd) (Trib)

S. 28(iv) : Business income-Value of any benefit or perquisites-Company-Principle of lifting of corporate veil-Converted in to money or not-Directors transferring shares to persons in control of company which had discontinued news paper business-Not a case of acquisition of shares simpliciter-Benefit derived by transaction to be taxed as arising from business from adventure in nature of trade-Not as income from other sources-Valuation of benefit at fair market value of property proper. [S. 2(13) 28(i), 56, 56(2)viib), R. 11UA]

Young Indian v. ACIT (E) (2022) 95 ITR 33 (SN) / 218 TTJ 1 (Delhi)(Trib)

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)