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. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Software training services outside India-Not required to deduct tax at source-OECD Model Convention, Article 12. [S. 9(1)(vii)(b), 195]
QAI India Ltd. v. DCIT (2024) 208 ITD 242 (Delhi) (Trib.)
S. 37(1) : Business expenditure-Robbery-Theft-Embezzlement-Business of gold-Loss arising from robbery-Incidental to normal business-Allowable as deduction. [S.28(i)]
Meenawala Castings. v. DCIT (2024) 208 ITD 684 (Rajkot) (Trib)
S. 37(1) : Business expenditure-Advertisement expenditure-Hospital-Unethical acts-Violation of provisions of Indian Medical Council Act, (professional conduct, Etiquette and Ethics) Regulations, 2002-Not allowable as deduction.
Chalasani Hospitals (P.) Ltd. v. ACIT (2024) 208 ITD 410/232 TTJ 667 (Visakha) (Trib.)
S. 37(1) : Business expenditure-Provisions for gratuity and leave encashment-Accounting Standard-15-Claimed only actual payment made to employees-Not to be reduced earlier year provisions from current profit and loss account.[S. 145]
Saurashtra Gramin Bank. v. ACIT (2024) 208 ITD 55 (Rajkot) (Trib.)
S. 36(1)(va): Any sum received from employees-COVID-19-Delay in depositing the amount-EPF Organisation had waived levy of penal damages for delayed payment during lockdown-Disallowance is deleted. [S.43B]
Diamour Jewels (P.) Ltd v. CPC (2024) 208 ITD 189/232 TTJ 389 (Mum) (Trib.)
S. 28(va) : Business income-Cash or kind-Under an agreement-Non-compete fee-Joint venture company-Negative covenant-Loss of source of income-Capital receipt-Finance Act, 2002, with effect from 1-4-2003 applicable only after the assessment year 2003-04. [S. 4]
ACIT v. Lyka Labs Ltd. (2024) 208 ITD 532 (Mum) (Trib.)
S. 28(i) : Business loss-Embezzlement of stock by an employee-FIR is filed-Loss is allowable as business loss. [S. 37(1), 145]
Heena Gems v. ACIT (2024) 208 ITD 481 /114 ITR 30 (SN) (Mum) (Trib.)
S. 28(i) : Business income-Capital gains-Own capital-Share dealings-Assessable as business income.[S. 45]
Madura Biotech (P.) Ltd. v. DCIT (2024) 208 ITD 699 (Delhi) (Trib.)
S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Purchase of luxury vehicle-Registered in name of manging trustee-Not able to establish that vehicle was utilized for purpose of charitable activities-Exemption under sections 11 and 12 is denied on value of vehicle purchased [S. 11, 12, 13(1)(c)]
Sri Karpaga Vinayagar Educational and Charitable Trust v. ITO (2024) 208 ITD 333 (Chennai) (Trib.)
S. 12AB: Procedure for fresh registration-Particular religious community or caste-Trust is in existence since 1946 i.e., prior to Income-tax Act came into force-Provisions of section 13(1)(b) is not be applicable.[S.11, 13(1)(b) Rule,17A]
Levva Patel Gnati v. CIT (2024) 208 ITD 490 (Rajkot) (Trib.)