Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT v. S. Kumars Nationwide Ltd. (2022) 97 ITR 60 (SN) (Mum) (Trib)

S. 37(1) : Business expenditure-Foreign Travel expense-Expenses or payments not deductible-Excessive or unreasonable-Motor Car Expenditure to director-Restriction of disallowance to 10% is held to be justified.[S. 40A(2)]

Bigfoot Retail Solution Pvt. Ltd v. ACIT (2022)97 ITR 73 (SN)(Delhi)(Trib)

S. 37(1) : Business expenditure-Capital or revenue-Payment for subscription services of software-No acquisition of software-Telephone and internet expenses-Allowable as revenue expenditure.

Adler Mediequip Pvt. Ltd v. Dy.CIT (2022)97 ITR 20 (SN) (Pune) (Trib)

S. 37(1) : Business expenditure-Capital or Revenue-Non-compete fee-Amortised-Depreciation claimed-Capital expenditure. [S. 32]

Triumph International (India) Pvt. Ltd. v. ACIT (2022)100 ITR 33 (SN)(Chennai) (Trib)

S. 37(1) : Business expenditure-Restatement of foreign exchange loss-Assessing Officer directed to verify and allow.

Roca Bathroom Products Pvt. Ltd. v. Dy. CIT (2022)100 ITR 65 (SN)(Chennai) (Trib)

S. 37(1) : Business expenditure-Provision for slow or non-moving and obsolete inventory-A separate provision in this regard, could not be allowed to the assessee-Liability not crystallised is not allowable as deduction. [S. 145]

ACIT v. Rosebys Interiors India Ltd. (2022)100 ITR 4 (SN)(Ahd) (Trib)

S. 37(1) : Business expenditure-Capital or Revenue-Advertisement expenses not debited to Profit and loss account but accounted in balance-sheet as “Capital Work-In-Progress (Brand Building expenditure)”-Allowable as deduction. [S. 145]

EIT Services India Pvt. Ltd. v. Dy CIT (2022) 100 ITR 490 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Employees’ Stock Option Scheme-Deducted tax at source in respect of share-based compensation under taxed in hands of employees as perquisite-Cross-charge expenses-Allowable as deduction-Assessing Officer was directed to verify whether amount subject to tax deduction at source-Matter Remanded. [S. 15, 17(1), 40(a)(i), 192, 195]

ACIT v. PSN Automative Marketing (P) Ltd (2022) 100 ITR 69 (Cochin) (Trib)

S. 37(1) : Business expenditure-Capital or revenue expenditure-Temporary structure-100% depreciation is allowable.[S. 32]

Dy. CIT v. Mahendra Brothers Exports Pvt. Ltd. (2022) 99 ITR 537 (Mum)(Trib)

S. 37(1) : Business expenditure-Miscellaneous expenditure-Ad Hoc disallowance-Deletion is held to be proper.

Capgemini India Pvt. Ltd. v. Dy. CIT (2022) 99 ITR 506 (Mum)(Trib)

S. 37(1) : Business expenditure-Credit card expenses of employee-Matter remanded for verification.