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
Click here to download the pdf versions of the Digest of case laws

S. 37(1) : Business expenditure-Provision on account of leave encashment-Not contingent liability-Allowable as deduction.

PCIT v. Akzo Noble India Limited (No. 2) (2022) 440 ITR 190/ 286 Taxman 251 (Cal.)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Unity control and management-Order of Tribunal is affirmed.

CIT v. Maharashtra Hybrid Seeds Co. Ltd. (2022) 440 ITR 75/ 212 DTR 84/ 328 CTR 676 (Bom.) (HC)

S. 36(1)(iii) : Interest on borrowed capital-Borrowed money was used for the purpose of business-Expansion of business-Order of Tribunal is affirmed.

CIT v. Ceebros Hotels P. Ltd. (2022) 440 ITR 200/ 284 Taxman 205 (Mad.)(HC)

S. 28(i) : Business income-Income from house property-Income from other sources-Rental income from Mall should be considered as business. [S. 22, 56]

CIT v. Prestige Estate Projects Pvt Ltd (2022) 440 ITR 343 (Karn.) (HC)

S.14A : Disallowance of expenditure-Exempt income-No exempt income-No disallowance can be made. [R.8D]

PCIT v. Delhi International Airport Pvt. Ltd. (2022) 440 ITR 594 (Karn.)(HC)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Advance to proprietary concern of wife of managing Trustee-Explanation was not satisfactory-Disallowance was held to be proper. [S. 12AA, 13(1)(c)]

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Trust v. CIT (2022) 440 ITR 90 / 209 DTR 355 / 325 CTR 337 / 285 Taxman 312 (Ker.)(HC).Editorial : SLP dismissed as withdrawn , Ilahia Trust v. CIT [2023] 291 Taxman 200 (SC)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. 271(1)(c) : Penalty – Concealment –On money – Survey – Income voluntarily offered- Deletion of penalty is held to be justified [ S. 131(IA), 133A]

PCIT v. Shreedhar Associates (2022) 440 ITR 547 (Guj) ( HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Matter to be remanded to Commissioner where evidence was not considered by him- Monetary limits – Appeal was dismissed .[ S. 80IB, 153A, 254(1), 260A]

PCIT v. Shalimar Pellet Feeds Ltd. (2022) 440 ITR 530 / 216 DTR 211/ 328 CTR 840(Cal) (HC)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Delay of 1924 days ( Eight years) -Condonation of delay was dismissed . [. 260A ]

South Eastern Coalfields Ltd. v. PCIT (2022) 440 ITR 568 (Chhattisgarh) (HC)

S. 246A : Appeal – Commissioner (Appeals) – Writ against assessment order – Alternative remedy – Writ petition was dismissed .[S. 143(3), 248, Art, 226 ]

Sree Karumariamman Granites v. ACIT (2022) 440 ITR 537/ 209 DTR 283/ 324 CTR 418 (Mad) (HC)