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-Penalties-Delay in compliance procedure-No disallowance can be made.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Brokerage paid to broker who was not registered with stock exchange-Service rendered not proved-Payment was made against violation of SEBI rules-Not allowable as deduction.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Purchase of mobile phone-Allowable as revenue expenditure. [S. 32]

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Prior period expenditure-CENVAT credit on passenger service fee (PSF)/user development fee (UDF) and advertisement fee was not actually received offered as income-Entitle to deduction in subsequent year by reversal of entries-Service tax on chartered flight service tax on chartered flight-Interest payment for delayed payment of service tax-Allowable as deduction-Legal expenses-Aborted project-Allowable as deduction. [S. 43B]

Go Airlines (India) Ltd. v. DCIT (2021) 188 ITD 938 / 213 TTJ 549 / 205 DTR 121 (Mum.)(Trib.)

S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts-Schedule bank-One time settlement (OTS) scheme-Provision for bad and doubtful debt was higher than amount of such bad debt claimed by it-First set off against such credit balance in balance.

Cuttack Central Co-operative Bank Ltd. v. PCIT (2021) 188 ITD 109 (Cuttack)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Advance to sister concern-Interest free funds more than the advance to sister concern-No disallowances can be made.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 32 : Depreciation-Stock exchange card-demutualized/corporatized into shares in earlier year-Depreciation is held to be allowable.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 32 : Depreciation-Vehicles-Registration was in the name of individual directors-Depreciation cannot be denied.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 32 : Depreciation-Plant and machinery-Installed and ready to use-Depreciation is allowable.

DCIT v. Agile Electric Sub Assembly (P.) Ltd. (2021) 188 ITD 780 / ( 2022) 96 ITR 402 (Chennai)(Trib.)

S. 28(i) : Business income-Firm-Partner-Set off of loss-Interest, salary, bonus, commission or remuneration received or receivable from firm by partners-Assessable as business or profession-Expenditure incurred to earn such income allowable as deduction. [S. 37(1), 70]

Suresh Sreeram v. ITO (2021) 188 ITD 599 (Bang.)(Trib.)