Author: ksalegal

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Dy. CIT v. BPL Ltd. (2022) 94 ITR 66 (SN) (Bang.)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Merely because the liability is outstanding in the books for long period of time when there has been no supervening development nullifying the liability to pay between the parties-such liability cannot cease to exist.

Maharani of India v. ACIT (2022)94 ITR 8 (SN) (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Membership and subscription charges-Not liable to deduct tax at source.

ITO v. Experion Nirman P. Ltd. (2022) 94 ITR 33 (SN) (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment to consolidator for right in land-Not liable to deduct tax at source-Cost with regard to AY. 2008-09 cannot be disallowed in the AY. 2013-14. [S. 37(1), 194H]

ACIT v. Silver Jubilee Motors Ltd. (2022) 94 ITR 19 (SN) (Pune) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Certificate submitted was not in prescribed form-Violation of procedural provision-Matter remanded. [S. 201(1)]

Dell International Services India (P.) Ltd. v. JCIT (2022) 94 ITR 247 (Bang.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Upon failure on the part of the Assessee to provide reconciliation of expenses, its nature and TDS deductions, the alternate plea to allocate the expenses so disallowed over the STPI units of the assessee while computing the relief under section 10A was accepted.

Maharani of India v. ACIT (2022) 94 ITR 8(SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Telephone expenses-Club membership fee-Allowable as business expenditure-Entertainment Expenses-Expenses incurred on cigarettes and wines not allowable.

Jaidka Woolen and Hosiery Mills P. Ltd. v. ITO (2022) 94 ITR 57 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Fabrication charges-Books of account not rejected-Disallowance of fabrication charges is not justified. [S. 145]

Lumino Industries Ltd. v. ACIT (2022) 94 ITR 675 / 215 TTJ 62 / 213 DTR 290 (Kol.)(Trib.)

S. 37(1) : Business expenditure-Educational sponsorship of son of Director-Recipient of sponsorship undertaking to serve company after completion of studies and later joining service of assessee-Entitle to deduction.

Dy. CIT v. Balaji Hotels and Enterprises Ltd. (2022) 94 ITR 24 (Trib.) (Chennai)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Pre-operative interest expenses-Pending for allocation-Not debited in profit and loss account-Disallowance is not valid.

ITO v. Bhagchand Jain (2022) 94 ITR 472 / 217 TTJ 202 (Jaipur)(Trib.)

S. 37(1) : Business expenditure-Expenses incurred for the business cannot be disallowed by the AO on the question of commercial expediency.