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-Professional fees paid for incorporation of company-Web site expenses-Allowable as revenue expenditure.

IFMR Rural Channels & Services (P) Ltd. v. Dy. CIT (2021) 214 TTJ 28 (UO) (Chennai)(Trib.)

S. 36(1)(vii) : Bad debt-Sale of unit by way of slump sale-Deliberately keeping entries in accounts to claim loss at end of year-Not allowable ad bad debt. [S. 50B]

Kanoria Chemicals and Industries Ltd. v. ACIT (2021) 91 ITR 82 (SN) /(2022) 210 DTR 279(Kol.)(Trib.)

S. 36(1)(vii) : Bad debt-Sale of unit by way of slump sale-Deliberately keeping entries in accounts to claim loss at end of year-Not allowable ad bad debt. [S. 50B]

Kanoria Chemicals and Industries Ltd. v. ACIT (2021) 91 ITR 82 (SN) /(2022) 210 DTR 279(Kol.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Advance to sister concern-No advances made during the year-Sufficient interest free funds-Addition is not valid on notional basis.

DCIT v. Tally Solutions Pvt. Ltd. (2021) 91 ITR 66 (SN) (Bang.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Foreign currency convertible Bonds-Premium on maturity-Allowable as deduction.

Kanoria Chemicals and Industries Ltd. v. ACIT (2021) 91 ITR 82 (SN) /(2022) 210 DTR 279(Kol.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Explaining that all loans and advances utilised for business purpose-Order of CIT(A) is affirmed.

DCIT v. East Coast Imports and Exports (2021) 91 ITR 6 (SN) (Vishakha)(Trib.)

S. 35 : Scientific research expenditure-Weighted deduction-Subsequent withdrawal of approval granted to institution with retrospective effect-Approval valid and subsisting on date of donation-Entitled to weighted deduction. [S. 35(1)(ii)]

Kushal Virendra Tandon v. CIT (2021) 91 ITR 610 / (2022) 215 TTJ 630 (Mum.)(Trib.)

S. 35 : Scientific research expenditure-Weighted deduction-Subsequent withdrawal of approval granted to institution with retrospective effect-Approval valid and subsisting on date of donation-Entitled to weighted deduction. [S. 35(1)(ii)]

Kushal Virendra Tandon v. CIT (2021) 91 ITR 610 / (2022) 215 TTJ 630 (Mum.)(Trib.)

S. 35 : Scientific research expenditure-Claim made in the revised computation during assessment proceedings-Assessing Officer is directed to allow the claim.-Research and development expenditure-Weighted deduction-Allowable. [S. 35(1)(iv), 35(2AB), 139]

Tejas Networks Ltd. v. DCIT (2021) 91 ITR 52 (SN) (Bang.)(Trib.)

S. 35 : Scientific research expenditure-Weighted Deduction-Amendment brought by Income-tax (Tenth Amendment) Rules, 2016 with effect from 1-7-2016-new provision brought for certifying amount of expenditure from year to year-prior to amendment in 2016, no such procedure prescribed-Curtailing expenditure and weighted deduction not proper-Entitled to weighted deduction. S. 35(2AB).

Dy. CIT v. Force Motors Ltd. (2021) 91 ITR 8 / (2022) 193 ITD 344 (Pune)(Trib.)