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-Salaries paid-Relative of promoter-No disallowance can be made-The Assessing Officer is not entitle to decide reasonableness and commercial expediency of expenditure.
ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Chartered Accountants firm-Payment of subscription fees and reimbursement of its share to international group entity-Allowable as deduction-Criminal complaint filed against partner of firm related business of firm-Professional fees paid towards defending suit in the name of partner-Allowable as business expenditure.
Deloitte Haskins and Sells v. ACIT (2021) 86 ITR 121 / 211 TTJ 89 / 202 DTR 349 (Delhi)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Fresh loan taken for repaying loan taken earlier-Interest paid on fresh loan allowable as deduction.
Suumeru Enterpises v. ITO (2021) 86 ITR 425 (Jaipur)(Trib.)
S. 32 : Depreciation-Temporary discontinuance of business-Lull in the business-New assets acquired during the year-Depreciation allowable.
Suumeru Enterpises v. ITO (2021) 86 ITR 425 (Jaipur)(Trib.)
S. 32 : Depreciation-Car parked at premises of managing director-Gym Equipment-Depreciation cannot be disallowed on the ground that it was used by the managing director.
ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)
S. 11 : Property held for charitable purposes-Running Hospital, Pharmacy and Diagnostic Centre-Maintaining separate books of account-Receiving subsidies from Government-Denial of exemption was not justified. [S. 2(15), 12AA, 13]
Dy. CIT(E) v. Punjab Medical Foundation Charitable Trust (2021) 86 ITR 495 (Chad.)(Trib.)
S. 11 : Property held for charitable purposes-No changes in the nature of activities-Principle of consistency should be followed-Mutuality-Once the activities of the assessee-society were charitable, the principle of mutuality became superfluous. [S. 2(15) 12, 12A, 13]
ACIT(E) v. India Habitat Centre (2021) 86 ITR 290 (Delhi)(Trib.)