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. 132 : Search and seizure-Reason to believe-Documents necessary for investigation-Search proceedings valid-Noting information received as well as recording of reasons followed-Notice under section 153A was valid-Satisfaction by jurisdictional Assessing Officer that books of account or documents seized relate to such third person-Notice under section 153C is valid-Transfer of case-Co-ordination and centralisation of assessment proceeding-Transfer is valid-Recovery of tax-Provisional attachment was valid. [S. 127, 153A, 153C, 281B, Code of Criminal Procedure, 1973, Rule 112, Art, 226]
Chandran Somasundaram v. PDIT (2023) 450 ITR 188 // 330 CTR 237/222 DTR 201/ 145 taxmann.com 6 (Mad.)(HC)/Editorial : Partially set aside by division Bench, SNJ Breweries (P) Ltd. v. PDIT (Inv ).(2024) 340 CTR 436 / 241 DTR 233 (Mad)(HC)
S. 92C : Transfer pricing-Arm’s length price-Bright Line test method-Advertising, marketing and promotion expenditure-Order of Tribunal deleting the addition was affirmed. [S. 92CA(3), 144C, 260A]
PCIT v. Moet Hennessy India Pvt. Ltd. (2023) 450 ITR 555/146 taxmann.com 55 / 330 CTR 609 / 225 DTR 361 (Delhi)(HC)
S. 80IA : Industrial undertakings-Infrastructure development-Construction of technology park-Leasing of industrial units-notification to be issued by central board of direct taxes is only a formality once approval is granted by government-Order of Tribunal deleting disallowance was affirmed.[S.80(IA)(4))(iii)]
PCIT v. Prasad Technology Park Pvt. Ltd. (2023) 450 ITR 564 (Karn.)(HC)
S. 69 : Unexplained investments-Search and seizure-Block assessment-Educational institution-Deletion of addition was held to be proper. [S. 10(22), 10(23C)(vi), 11, 132, 158BC, 260A]
CIT v. Orissa Trust of Technical Education and Training (2023) 450 ITR 276 (Orissa)(HC)
S. 45 : Capital gains-Business income-Trading or investment-Two separate portfolios-Order of tribunal reversing order of Commissioner (Appeals) and holding gains as business income was set aside. [S. 28(i)]
Indi Stock Pvt. Ltd. v. CIT (2023) 450 ITR 327 (Cal.)(HC)
S. 43B : Deductions on actual payment-Contributions to provident fund and employees’ state insurance-Not deposited in respective fund within stipulated time-Not allowable as deduction. [S. 36(1)(va)]
PCIT v. Strides Arcolab Ltd. (2023) 450 ITR 129/ 129 Taxman 530 (SC) Editorial: Decision of Bombay High Court, reversed, CIT v. Strides Arcolab Ltd (ITA No. 376 of 2017 dt. 22-3-2019
S. 40(a)(ii) : Amounts not deductible-Rates or tax-Education cess-Not allowable as business expenditure-Amended by Finance Act, 2022 with retrospective effect from 1-4-2005 (2022) 442 ITR 91 (St). [S. 37(1)]
JCIT v. Chambal Fertilisers and Chemicals Ltd. (2023) 450 ITR 164 / 330 CTR 109 (SC) Editorial : ACIT v. Chambal Fertilisers and Chemicals Ltd. (2018) 61 ITR 33 (Jaipur)(Trib.)
S. 37(1) : Business expenditure-Capital or revenue tests-Rubber plantation-Amount spent on upkeep and maintenance of mature rubber trees-Allowable as revenue expenditure-Cost of replacement of dead and useless rubber trees deductible as replacement cost [R. 7A(2)].
Rehabilitation Plantations Ltd. v. CIT (2023) 450 ITR 626 / 331 CTR 719(FB) (Ker.)(HC) Editorial : Rehabilitation Plantations Ltd v. CIT (2012) 251 CTR 343/ 73 DTR 78 (Ker)(HC), overruled.
S. 37(1) : Business expenditure-loss on forward contracts for foreign exchange-Transactions to hedge against risk of foreign exchange fluctuations-loss not speculative and to be allowed. [S. 28(i), 43(5)]
PCIT v. Simon India Ltd. (2023) 450 ITR 316 / 221 DTR 358/ 330 CTR 222 (Delhi)(HC)