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. 45: Capital gains-Joint Development Agreement-Co-owners-Matter remanded to determine the share of each co-owner and decide the taxability-Construction of house within specified period-Matter remanded to decide after considering the relevant documents. [S. 54]

Vadagur Narayanappa Premachandra v. ACIT (IT) (2025) 234 TTJ 350 / 171 taxmann.com 471 (Bang)(Trib)

S.43CB: Construction and service contracts-Percentage completion-Project completion method-Method of accounting-Construction Contracts-AS7-Real estate development, constructed residential flats on its own land,-Revenue was to be recognized only upon sale deed execution and possession transfer.[S. 145]

DCIT v. Aaryan Buildspace LLP (2025) 234 TTJ 576 / 172 taxmann.com 806 (Ahd)(Trib)

S.43B: Deductions on actual payment-Expenses not charged to P&L a/c-Transferred to work in progress-Disallowances cannot be made. [S. 145]

ITO v. Thrissur Expressway Ltd. (2025) 234 TTJ 676(Hyd)(Trib)

S. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Creditors shown as outstanding-Addition cannot be made on an ad hoc basis.

Bangalore Electricity Supply Co. Ltd. v ACIT (2025) 234 TTJ 58 /121 ITR 195 / 174 taxmann.com 100 (Bang) (Trib)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Capitalised the expenditure-Neither are expenses debited to P&L a/c and nor deduction is claimed-Disallowances cannot be made.

ITO v. Thrissur Expressway Ltd. (2025) 234 TTJ 676 (Hyd)(Trib)

S. 12AB: Procedure for fresh registration-Quoting a wrong provision-Order of CIT(E) refusing the registration was set aside. [S. 11, 12]

Gospel India Ministries v. CIT (2025) 234 TTJ 684 (Nagpur)(Trib)

S. 37(1): Business expenditure-Travel and conveyance expenses-Ad-hoc disallowance of 20%-CIT(A) was justified in deleting the ad-hoc disallowances.

Bangalore Electricity Supply Co. Ltd. v ACIT (2025) 234 TTJ 58 /121 ITR 195 / 174 taxmann.com 100 (Bang) (Trib)

S. 36(1)(viia) :Bad debt-Provision for bad and doubtful debts-Schedule bank-Reserve and surplus account cannot be considered as provision for the purpose of allowing deduction-The amount credited to bad and doubtful reserve is not allowable as a deduction.

Surat National Co-Operative Bank Ltd. v ACIT (2025) 234 TTJ 529 / (Surat)(Trib)

S. 36(1)(vii): Bad debt-Amount of unreconciled debtors written off-Allowable as bad debt. [S. 36(2)]

Bangalore Electricity Supply Co. Ltd. v ACIT (2025) 234 TTJ 58 /121 ITR 195 / 174 taxmann.com 100 (Bang) (Trib)

S. 32: Depreciation-Goodwill-Amalgamation-Purchase method-AS 14-Provisions of sixth proviso to s. 32(1), Expln. 7 to s. 43(1) and Expln. 2(b) to s. 43(6) has no applicability to the facts of the case-Amendment made vide Finance Act, 2021, in relation to the allowance of depreciation on goodwill is effective from 1st April, 2021 and is applicable to asst. yr. 2021-22 and subsequent assessment years-Entitled to claim depreciation on goodwill arising on account of amalgamation-Customer relationship or distribution network-existing in the books of the amalgamating company-Fair value of these assets was specifically computed by the independent valuer vide his valuation report-The AO is directed to grant depreciation on “customer relationship” and “distribution network” arising on account of amalgamation. [S. 32(1), 43(1)]

Dow Chemical International (P) Ltd. v. DCIT 2024] 169 taxmann.com 290 / (2025) 234 TTJ 712 (Mum)(Trib)