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. 37(1) : Business expenditure-Business of real estate developer-Setting up of business-Acquired land in the year 2007-No business income-Expenses allowable as deduction-Interest earned from bank deposits-Assessable as income from other sources and not as business income. [S. 28(i), 56]
Bengal Shriram Hitech City (P.) Ltd. v. ACIT (2021) 191 ITD 466 / 86 ITR 719 (Bang.)(Trib.)
S. 37(1) : Business expenditure-Funds borrowed for setting up a thermal plant-Interest expenses till date of commissioning of power production i.e., prior to use of assets, was to be capitalized to cost of asset-Interest expenses incurred after commencement of power production-Allowable as revenue expenditure. [S.43 (1)].
ACIT v. India Power Corporation Ltd. (2021) 191 ITD 250 (Kol.)(Trib.)
S. 37(1) : Business expenditure-Expansion of existing business-Capital or revenue-New project of starting a hotel chain-Allowable as revenue expenditure.
ITO v. Blue Coast Infrastructure Development Ltd. (2021) 191 ITD 643 / 90 ITR 294 / 213 TTJ 28 (UO) (Chd.)(Trib.)
S. 37(1) : Business expenditure-Professional choreographer-Office-cum residence-Electricity-Service charges-Compensation and electricity paid to society in respect of portion of residence used as office-Allowable as business expenditure.
ACIT v. Farah Khan (Ms.) (2021) 191 ITD 633 (Mum.)(Trib.)
S. 37(1) : Business expenditure-Rents-Proportionate disallowance of lease rentals-Held to be not valid-Supplementary Rent (SR) paid to lessors-Not reimbursement-Allowable as deduction.
InterGlobe Aviation Ltd. (IndiGo) v. ACIT (2021) 191 ITD 1 /(2022) 195 ITR 586/ 216 TTJ 265/ 211 DTR 233(SB) (Delhi)(Trib.)
S. 36(1)(va) : Any sum received from employees-Provident fund Employee’s contribution-Deposited before due date of filing of return-No disallowance can be made-Adjustment proposed by centralized processing centre was not sustainable. [S. 139(1), 143(1)]
Maksat Technologies (P.) Ltd. v. DCIT (2021) 191 ITD 175 (Delhi) (Trib.)
S. 36(I)(v) : Contribution approved gratuity fund-Approval of Commissioner-Non-approval of scheme after more than 14 years-Contribution made cannot be disallowed. [S. 40(a)(ia)]
Tata Securities Limited v. DCIT (2021) 191 ITD 1 (Mum.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Business of real estate-Borrowed money for the purpose of business-Lent idle money to third parties at same rate of interest-Interest expenses allowable as deduction-Alternative interest expenses allowable as deduction u/s. 57(iii) of the Act. [S. 37(1), 57(iii)]
Mason Infrastructure (P.) Ltd. v. DCIT (2021) 191 ITD 29 (Delhi)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Trial run-Interest attributable from the date of trail run till date of commercial production allowable as revenue expenditure. [S. 43(1), ICDS IX and AS-16]
ACIT v. Nilkanth Concast (P.) Ltd. (2021) 191 ITD 73 (Delhi)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Professional choreographer-Office-cum residence-Flats used office-cum residence-Interest paid on acquisition of flats allowable as deduction.
ACIT v. Farah Khan (Ms.) (2021) 191 ITD 633 (Mum.)(Trib.)