Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Lokhandwala Kataria Construction Pvt. Ltd. v. DCIT (2023)104 ITR 84 (Mum) (Trib)

S. 37(1): Business expenditure-Insurance premium of director paid by Company-Not incurred wholly and exclusively for the purpose of business-Not allowable as deduction-Bogus purcahses-Entire bogus purchase cannot be added-Addition restricted to 12.5% of alleged bogus purchases.-Delay of 177 days was condoned. [S. 133(6), 254(1)]

Dinesh Devraj Ranka v. Addl. CIT [2023] 200 ITD 731 (Bang)(Trib.)

S. 37(1): Business expenditure-Commercial expediency-Professional and consultancy charges-Matter remanded.

Lokhandwala Kataria Construction Pvt. Ltd. v. DCIT (2023)104 ITR 84 (Mum) (Trib)

S. 37(1): Business expenditure-Insurance premium of director paid by Company-Not incurred wholly and exclusively for the purpose of business-Not allowable as deduction-Bogus purchases-Entire bogus purchase cannot be added-Addition restricted to 12.5% of alleged bogus purchases.-Delay of 177 days was condoned. [S. 133(6), 254(1)]

Addl. CIT v. Amway India Enterprises (P) Ltd. (Delhi) 201 ITD 229(Delhi)(Trib)

S. 37(1) : Business expenditure-Reimbursement of service tax-Commercial expediency —Allowable as revenue expenditure.

Mead Johnson Nutrition (India) (P.) Ltd. v. ACIT (2023) 200 ITD 234/ 225 TTJ 827 (Mum) (Trib.)

S. 37(1) : Business expenditure-Free samples and distribution of infant and children’s nutrition food-Not allowable as deduction-Expenditure incurred on arranging conferences and seminars-Not allowable as deduction.[Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (Relevant Act),S. 4]

Genpact Services LLC. v. DCIT (IT) (2023) 200 ITD 48 (Delhi)(Trib)

S. 37(1) : Business expenditure-Capital or revenue-Capital asset-Payment to its Indian counterpart for acquiring part of its business relating to debt collection service-Expenditure incurred for acquiring completely new business set up was income generation tool-Capital in nature.[S. 32]

Dinesh Devraj Ranka v. Addl. CIT [2023] 200 ITD 731 (Bang)(Trib.)

S. 37(1): Business expenditure-Commercial expediency-Professional and consultancy charges-Matter remanded.

Dinesh Devraj Ranka v. Addl. CIT [2023] 200 ITD 731 (Bang)(Trib.)

S. 37(1): Business expenditure-Commercial expediency-Professional and consultancy charges-Matter remanded.

Northern Operating Services (P.) Ltd. v. JCIT(2023) 200 ITD 145 (Bang) (Trib)

S. 37(1) : Business expenditure-Employee Stock Option Plan-(ESOP)-Allowable as revenue expenditure.

Dinesh Devraj Ranka v. Addl. CIT [2023] 200 ITD 731 (Bang)(Trib.)

S. 36(1)(vii): Bad debts-Failer to substantiate-Not allowable as deduction. [S. 36(2)]