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-Buy back of shares-Amount over and above face value of shares to departing group of shareholders-Allowable as revenue expenditure. [S. 263]

PCIT v. Bramha Corp Hotels and Resorts Ltd. (2022) 136 taxmann.com 398 (Bom.)(HC) Editorial : SLP filed against order of High Court was to be dismissed as withdrawn. PCIT v. Bramha Corp Hotels and Resorts Ltd. (2022) 286 Taxman 265 (SC)

S. 37(1) : Business expenditure-Buy back of shares-Amount over and above face value of shares to departing group of shareholders-Allowable as revenue expenditure. [S. 263]

PCIT v. Bramha Corp Hotels and Resorts Ltd(2022) 136 taxmann.com 398(Bom)(HC) Editorial : SLP filed against order of High Court was to be dismissed as withdrawn. PCIT v. Bramha Corp Hotels and Resorts Ltd. (2022) 286 Taxman 265 (SC)

S. 35DDA : Amortisation of expenditure-Voluntary retirement scheme-Accrued liability-Allowable as deduction [S. 43(2), 145]

Tata Refactories Ltd. v. CIT (2022) 286 Taxman 577 / 213 CTR 405 / 326 CTR 469 (Orissa)(HC)

S. 32 : Depreciation-Claim of depreciation as permissible-Deletion of disallowance was proper.

PCIT v. Eastern Coalfields Ltd. (2022] 286 Taxman 487 (Cal.)(HC)

S.14A : Disallowance of expenditure-Exempt income-Only expenses proportionate to earning of exempt income could be disallowed [R. 8D]

PCIT v. Karnataka State Financial Corporation Ltd. (2021) 127 taxmann.com 115 (Karn.)(HC) Editorial : Notice issued in SLP filed against order of High Court, PCIT v. Karnataka State Financial Corporation Ltd. (2022) 286 Taxman 356 (SC)

S.14A : Disallowance of expenditure-Exempt income-Failure to record satisfaction-Invoking rule 8D is not justified-Disallowance proposed by the assessee is affirmed [R. 8D]

Essilor India (P) Ltd v. Dy. CIT (2022) 286 Taxman 385 (Karn.)(HC)

S. 12AA : Procedure for registration-Trust or institution-Educational institution-Failure to file return-Matter was remanded back to file of Commissioner (E) with direction to grant registration under section 12A if objectives and activities of assessee were found to be same-Order of Tribunal affirmed [S. 12A]

PCIT v. Jawaharlal Nehru Technological University (2022) 286 Taxman 231/ 136 taxmann.com 43 / 216 DTR 396 (2023) 423 ITR 699 (Telangana)(HC)

S. 12AA : Procedure for registration-Trust or institution-Cancellation of registration is not valid on the ground which was not contained in show cause notice [S. 115BBC]

CIT v. Guru Nanak Education Trust (2022) 286 Taxman 350/ 210 DTR 297/ 286 Taxman 350 (Cal.)(HC)

S. 10B: Export oriented undertakings-Agreement with Central Government-Ministry of Commerce granting hundred percent export oriented unit-Entitle to exemption-Exemption cannot be denied merely on the ground that the assessee has not claimed exemption in return of income. [S. 10A, 139, Industrial (Development & Regulation) Act, 1951 S. 14]

PCIT v. Wizard Enterprises (P.) Ltd. (2022) 286 Taxman 112 / 218 DTR 184/ 328 CTR 849(Cal.)(HC)

S. 10 (23C): Educational institution-Medical university-Statement of accountant of a promotor/sponsor-Books of account-Refusal of registration and approval under section 80G is held to be not valid. [S. 10(23)(vi), 12AA, 80G (5)(vi)]

CIT€ v. Pacific Medical University (2022) 137 taxmann.com 207 (Raj.)(HC) Editorial : SLP of Revenue dismissed, CIT (E) v. Pacific Medical University (2022) 286 Taxman 358 (SC)