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. 36(1)(va) : Any sum received from employees-Cheque deposited before due date-Cheque cleared after due date-Relevant date is date of deposit of cheque-Allowable deduction.
Pearey Lal and Sons (E. P.) Pvt. Ltd. v. ACIT (2021) 90 ITR 96 (SN) (Delhi)(Trib)
S. 35 : Scientific research expenditure-Research and development facility was approved by the DSIR-Entitle to weighted deduction. [S. 35(2AB)]
Nirmal Industrial Control P. Ltd. v. ACIT (2021) 90 ITR 34 (SN) (Mum.)(Trib.)
S. 32 : Depreciation-Goodwill-Non-compete payment-Technical knowhow and other assets-Eligible for depreciation. [S. 32 (1)(ii)]
Johnson Matthey Chemicals India P. Ltd. v. Dy. CIT (2021) 90 ITR 75 (SN) (Pune)(Trib.)
S. 32 : Depreciation-Sale-cum-lease back transaction-Entitle to depreciation. [S. 43(1)]
Brace Iron and Steel Pvt. Ltd. v. Add. CIT (2021) 90 ITR 582 (Delhi)(Trib.)
S. 28(i) : Business loss-Foreign exchange loss-No depreciable assets-Allowable as revenue expenditure-Foreign exchange gain to be assessed as business income.
Paramount Communications Ltd. v. Dy. CIT (2021) 90 ITR 20 (Delhi)(Trib.)
S. 28(i) : Business loss-Speculation Loss-Loss on purchase of commodities on National Spot Exchange for which delivery receipts issued but not delivered-Allowable as business loss-Unsettled contract of purchase or sale is not speculative transaction. [S. 43(5)]
Dy.CIT v. Nirshilp Securities Pvt. Ltd. (2021) 90 ITR 338 (Mum.) (Trib.) Dy.CIT v. Dolat Investment Ltd. (2021) 90 ITR 338 (Mum.)(Trib.)
S. 24 : Income from house property-Deductions-Borrowed money was used for the purpose acquisition and construction of school building-Interest allowable as deduction. [S. 24(b)]
Vidya Education Investment Pvt. Ltd. v. Dy.CIT (2021) 90 ITR 6 (SN) (Delhi)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Administrative expenditure-Suo motu disallowance made by the assessee was allowed-Followed earlier year order-Book profit-Expenses Incurred To Earn Exempt Income-Not To Be Added For Computing Book Profits. [S. 115JB, R. 8D(2)]
Rasna Pvt. Ltd. v. Dy.CIT (2021) 90 ITR 39 (SN) (Ahd.)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Interest free funds-Presumption that the investment was made from own funds-Disallowance of interest is not warranted-Book profit-Only actual expenses incurred is liable to be excluded. [S. 115JB(2), R. 8D (2)(ii), 8(2)(iii)]
Nirmal Industrial Control P. Ltd. v. ACIT (2021) 90 ITR 34 (SN) (Mum.)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Interest free funds-Presumption that the investment was made from own funds-Disallowance of interest is not warranted-Book profit-Only actual expenses incurred is liable to be excluded. [S. 115JB(2), R. 8D(2)(ii), 8(2)(iii)]
Nirmal Industrial Control P. Ltd. v. ACIT (2021) 90 ITR 34 (SN) (Mum.)(Trib.)