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.37(1): Business expenditure – Marked -to -Market loss – Loss arising on reinstatement of the forward cover purchase contracts – Not speculative -CBDT Instructions and circulars which are contrary to law are not binding – Allowable as revenue expenditure . [ S. 43(5), 73 ]
PCIT v. Simon India Ltd ( 2022 ) 145 taxmann.com 389/ (2023) 450 ITR 316 ( Delhi)( HC)
.37(1): Business expenditure – Corporate Social Responsibility( CSR)- Explanation 2 was inserted in section 37 by Finance (No.2) Act , 2004 , w.e.f. Ist April , 2015 – Apply in relation to the assessment year 2015 -16 and subsequent years – Expenditure allowable as deduction .
PCIT v. PEC Ltd ( 2023 ) BCAJ – January P. 44( Delhi)( HC)
S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Commissioner-Compounding of offence-Past conviction for default in depositing of TDS were not disclosed-Order of conviction was under challenge before Supreme Court and stayed-Order of rejection was held to be valid-Untill pending conviction orders with respect to earlier years were set aside. [S. 276B, 278B, Art. 226]
Viraj Exports (P.) Ltd. v. CCIT (TDS) (2022) 289 Taxman 430/ (2023) 457 ITR 451/ 333 CTR 395/ 227 DTR 111 (Delhi)(HC)
S. 276CC : Offences and prosecutions-Failure to furnish return of income-Search-Delay of 72 days in filing of return-Failure to provide copies of statements-No evasion of tax-Lunching of prosecution was quashed. [S. 132, 153A, 279]
Ashish Agarwal v. ITD (2022) 289 Taxman 518 (Raj.)(HC)
S. 276CC : Offences and prosecutions-Failure to furnish return of income-Return was filed within extended time-Refund was granted-Criminal miscellaneous was quashed. [S. 139(1), 139(4)]
Arvind Nandagopal v. ACIT (2022) 289 Taxman 679 (Mad)(HC)
S. 271D : Penalty-Takes or accepts any loan or deposit-Loan from sister concerns-Payments to labour charges-Reasonable cause-Deletion of penalty is justified. [S. 269SS]
PCIT v. Akash Infra-com-Projects (P.) Ltd. (2022) 289 Taxman 300 / 216 DTR 393 / 328 CTR 819 (Orissa)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Accomodation entries-Information from Maharastra Sales tax Department-Order passed without making any inquiry or verification-Bogus purchase bills-Offered 2% of bogus purchases-Revision to assess the entire purchases as disallowable is held to be justified-Order of Tribunal set aside. [S. 69C, 260A]
PCIT v. Premlata Tekriwal (Mrs.) (2022) 289 Taxman 337 / 217 DTR 315 / 328 CTR 995 /(2023) 456 ITR 671 (Cal.)(HC) PCIT v. Binod Kunar Tekriwala (2022) 289 Taxman 337 / 217 DTR 315 / 328 CTR 995 //(2023) 456 ITR 671 (Cal.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Depreciation-Scientific research-Two views possible-Assessing Officer following the order of jurisdictional High Court-Order cannot be held to be erroneous. [S. 35(2)(iv)]
CIT v. Integrated Education and Research Centre For Engineering and Management (2022) 289 Taxman 234 (Cal.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Opportunity of being heard-Participated in subsequent proceedings-Writ petition against revision proceedings was held to be not maintainable. [S. 143(3), 253, Art. 226]
Anuradha Wadhwa v. PCIT (2022) 142 taxmann.com 185 (All.)(HC) Editorial : SLP of assessee dismissed, Anuradha Wadhwa v. PCIT (2022) 289 Taxman 4 (SC)
S. 254(1) : Appellate Tribunal-Duties-Cash credits-Share application money-Short term unsecured loan-Failure to record reasons-Matter was remanded to Tribunal. [S. 68]
PCIT v. LDS City Projects (P.) Ltd. (2022) 289 Taxman 484 (Cal.)(HC)