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. 80IB(10) : Housing projects-Built up area-Proportionate deduction allowable-Project completion method-Entitle deduction on the basis of project completion method adopted by the assessee. [S. 145]
CIT v. Varun Developers (2022) 440 ITR 354 (Karn.)(HC)
S. 80IB(10) : Housing projects-Built-up area-Some units of project conforming to condition-Proportionate deduction allowable.
PCIT v. S. N. Builders and Developers (2022) 440 ITR 351 (Karn.) (HC)
S. 80IA : Industrial undertakings-Eligible business-Deduction to be computed unit-wise and not business as a whole-Manufacture-Processing and marketing of seeds-Raw seeds undergoing various processes-Amounts to manufacture or production of articles or things. [S. 80IA(2), 80IA(5), 80IA(7)]
CIT v. Maharashtra Hybrid Seeds Co. Ltd. (2022) 440 ITR 75/ 212 DTR 84 / 328 CTR 676 (Bom.) (HC)
S. 80HHC : Export business-Income earned from leasing of plant and machinery-Not export turnover-Not eligible deduction. [S. 80HHC (2)(b)(i)]
Goa Carbon Ltd. v. ACIT (2022) 440 ITR 257 (Bom.)(HC)
S. 69 : Unexplained investments-Excess stock during search-Books of account was incomplete-Retraction of statement-Deletion of addition was held to be justified [S. 132, 132(4)]
CIT v. Vishnu Prakash Sharma (2022) 440 ITR 324 (Raj.)(HC)
S. 50B : Capital gains-Slump sale-Depreciable assets-Block of assets-Sale of undertaking-Sale consideration is not liable to be taxed as short term capital gains. [S. 2(11),2(42C) 45, 50]
PCIT v. Akzo Noble India Limited (No. 2) (2022) 440 ITR 190 / 286 Taxman 251 (Cal.)(HC)
S. 50B : Capital gains-Slump sale-Entire business of the undertaking was transferred to subsidiary-Order of Tribunal assessing the amount as slump sale is affirmed. [S. 2(11), 2(42C), 45, 50]
PCIT v. Akzo Noble India Limited (No. 1) (2022) 440 ITR 185 (Cal.)(HC)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment to contractor without deduction of tax deduction at source-Disallowance is held to be proper. [S. 12AA, 13(1)(c), 234A, 234C]
Ilahia Trust v. CIT (2022) 440 ITR 90 / 209 DTR 355 / 325 CTR 337 / 285 Taxman 312 (Ker.)(HC).Editorial : SLP dismissed as withdrawn , Ilahia Trust v. CIT [2023] 291 Taxman 200 (SC)
S. 37(1) : Business expenditure-Disallowance of part of expenditure-Based on facts-No question of law. [S. 260A]
D. M. Sankar v. ITO (2022) 440 ITR 209 / 284 Taxman 560 (Karn.) (HC)
S. 37(1) : Business expenditure-Method of accounting-Incentive scheme announced to distributors and dealers-Liability arises upon announcement-Not a contingent-Ascertained liability-Allowable as deduction. [S. 145]
CIT v. Maharashtra Hybrid Seeds Co. Ltd. (2022) 440 ITR 75/ 212 DTR 84/ 328 CTR 676 (Bom.) (HC)