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-Use of vehicle-Neither log book maintained nor any income earned during the year-Disallowance is justified-Legal expenses-No business carried on-Not allowable as deduction. [S. 37(1), 38(2)]
Jayant Maniklal Lunawat v. JCIT (2022) 94 ITR 29 (SN) (Pune)(Trib.)
S. 32 : Depreciation-Demerger-Acquisition of fixed asset-Denial of depreciation is not justified. [S. 2(19AA), 43(1)]
ACIT v. Uttaranchal Jal Vidyut Nigam Ltd. (2022) 94 ITR 435 (Delhi)(Trib.)
S. 32 : Depreciation-Assets installed and kept ready-Depreciation allowable-Assets need not be used for whole year.
ACIT v. Gopalpur Ports Ltd. (2022) 94 ITR 75 (SN) (Cuttack) (Trib.)
S. 32 : Depreciation-Goodwill-Amalgamation of companies-Depreciation on goodwill acquired to be allowed. [S. 32(1)(ii), 43(1), 43(6)]
Altimetrik India Pvt. Ltd. v. CIT (2022) 194 ITD 124 / 94 ITR 25 (SN) (Bang.)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot exceed the exempt income [R.8D]
ACIT v. Silver Jubilee Motors Ltd. (2022) 94 ITR 19 (Trib) (SN) (Pune)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Exempt income not received during year-No disallowance can be made. [R. 8D]
Lumino Industries Ltd. v. ACIT (2022) 94 ITR 675 / 215 TTJ 62/ 213 DTR 290 (Kol.)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Only those investments, which have yielded exempt income has to be considered for the purpose of computing average value of investments for computing the disallowance. [R.8D]
Dell International Services India (P.) Ltd. v. JCIT (2022) 94 ITR 247 (Bang.)(Trib.)
S. 12AA : Procedure for registration-Trust or institution-Interest income earned on investment of surplus funds-Assessable as income from other sources and not as business income-Depreciation not allowable. [S. 32, 56]
Sports Authority of Gujarat v. Dy.CIT(E) (2022) 94 ITR 61 (SN) (Ahd.)(Trib.)
S. 12AA : Procedure for registration-Trust or institution-Advancement of any other object of general public utility-It is not necessary that object of general public utility should be beneficial to whole mankind-Object beneficial to a section of public is also an object of general public utility-Merely leasing of developed plots to its members on basis of their respective contributions does not make assessee ineligible for registration as a charitable entity per se. [S. 2(15), 11]
Confederation of Pharma Dealers Association v. CIT (2022) 94 ITR 629 (Raipur)(Trib.)
S. 12A : Registration-Trust or institution-Assessment order denying the exemption-Commissioner (Exemption) granted exemption from inspection-Rectification application was denied-Entitle to exemption-Directed to rectify the order. [S. 11, 12, 13, 154]
Rotary Presidency Foundation v. ITO (E) (2022)94 ITR 47 (SN.) (Kol.)(Trib.)