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. 45 : Capital gains-Capital gains accepted in one co-owner-Addition cannot be made in the case of another Co-Owner though accepted u/s. 143(1) of the Act. [S. 50C, 143(1)]
Rajeshkumar Shantilal Patel v. ITO (2021) 127 taxmann.com 342 (Surat)(Trib.)
S. 45 : Capital gains-Capital asset-Booking right of flat in a proposed building-Agreement was not registered-Compensation received on extinguishment of rights-Assessable as capital gains and not as income from other sources. [S. 2(14)(a), 56]
Shailendra Bhandari v. ACIT (2021) BCAJ-May-P. 49 (Mum.)(Trib.)
S. 43CA : Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Tolerance band from 5 % to 10%-Proviso to section 43CA(1) and the subsequent amendment thereto relates back to the date on which the said section was made effective, i.e. 1st April, 2014. [S. 50C]
Stalwart Impex Pvt. Ltd. v. ITO (2021) BCAJ-September-P. 40. (Mum.)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Transport charges-Copies of PAN along with copies of invoices were furnished-Disallowance is not justified merely for technical laps u/s. 194 (7) of the Act. [S. 194(7), 194C]
Mohammed Shakil Mohamed Shafi Mutawalli v. ITO (2021) 132 taxmann.com 119 / (2022) 192 ITD 130 (Ahd.)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Asset valuer’s fees paid by the lender bank and recovered from the assessee-Not liable to deduct tax at source. [S. 194J]
Hindustan Organic Chemicals Ltd. v. DCIT (2021) BCAJ-November-P. 33 (Mum.)(Trib.)
S. 37(1) : Business expenditure-Corporate Social responsibility (CSR)-Allowable as deduction-Explanation to section 37(1) is prospective w.e.f. AY. 2015-16]
National Building Construction Corporation Ltd. v. Addl. CIT (2021) BCAJ-October-P. 54 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Swap charges-Converting floating rate loan to a fixed rate loan-Allowable as deduction.
Owens-Corning (India) Pvt. Ltd. v. ITO (2021) BCAJ-September-P. 40 (Mum.)(Trib.)
S. 37(1) : Business expenditure-Ad-hoc disallowance-Self-made vouchers-Held to be not justified.
Kanti Beverages Pvt. Ltd. v. DCIT (2021) The Chamber’s Journal-October-P. 110 (Mum.)(Trib.)
S. 37(1) : Business expenditure-Payment made for reclamation and rehabilitation of mine area-Direction of Supreme Court-Allowable as deduction.
P. Venganna Setty and Brothers v. ACIT (2021) 133 taxman 368 / ( 2022) 192 ITD 541 (Bang.)(Trib.)