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-Compensatory afforestation 1Capital or revenue 1No enduring benefit from incurrence Expenditure is allowable as revenue expenditure. [S. 145]

Tata Steel Ltd. v. Dy. CIT (2024)109 ITR 18 (Mum) (Trib)

S.37(1): Business expenditure – Capital or revenue-Preliminary drilling expenses incurred on account of fees, studies and other consultancy charges —Allowable as revenue expenditure – Office renovation-Dismantling wells, sand filling, Excavation, cementing, plastering, Etc. and sundry expenses 1Revenue expenditure 1Purchase of furniture and fixtures for new office 1Capital expenses-Depreciation is allowable-Expenditure on bifurcation of oil tank, construction of office shed, construction of slab and pipe culvert, construction of platform for tankers and foundation and towards demurrage charges for water injection plant 1Expenses primarily to bring into existence capital asset 1Not revenue-Entitled to depreciation-Expenditure on repairs and maintenance of leased premises 1Allowable as revenue expenditure. [S. 32]

Joshi Technologies International Inc. v. Asst. CIT (IT) (2024)109 ITR 70 (Ahd)(Trib)

S. 37(1) : Business expenditure 1Purchases related to infrastructure project 1Filed taxpayer Identification number of vendors (TAN)-Failed to file Permanent Account Number and income-tax returns copies of vendors – Failure to deduct tax at source – Purchases cannot be treated as not genuine-Inadequate Investigation by Assessing Officer 1Expenses are allowable-Valuation of property 1Accounts 1Maintaining regular books of account and transactions recorded in books of account – Addition cannot be made on the basis of Valuation Officer’s report – Loose sheet – Matter is remanded. [S. 69C, 133(6), 145]

Brahmaputra Infrastructure Ltd. v. Dy. CIT (2024)109 ITR 554 (Delhi)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Perpetual non-convertible debentures —Debentures as appropriation out of profits in financial statements 1Debentures repaid in exercise of call option 1Interest allowable as deduction.

Tata Steel Ltd. v. Dy. CIT (2024)109 ITR 18 (Mum) (Trib)

S. 35 : Expenditure on scientific research-Weighted deduction 1Department of Scientific and Industrial Research not certified part of expenses and did not furnish reason – Assessing Officer is directed to examine issue a fresh thereafter.[S.35(2AB), R. 6(7A)]

Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)

S. 32 : Depreciation-Block of asset-Good will – Intangible assets – Commercial assets – Matter is restored. [S. 32(1(ii)]

Joshi Technologies International Inc. v. Asst. CIT (IT) (2024)109 ITR 70 (Ahd)(Trib)

S. 32 : Depreciation-Rate of depreciation 1Plant and machinery 1Additional depreciation 1Exploration of crude Oil-Production of articles or things-Depreciation allowable at 60 Per Cent. [S.32(1)(iia), ITR, 1962, Appx. I, Entry Iii(8)(xii).]

Joshi Technologies International Inc. v. Asst. CIT (IT) (2024)109 ITR 70 (Ahd)(Trib)

S. 32 : Depreciation-Written down value – Optional-Depreciation was not claimed when it was optional-Assessee cannot be thrust upon to reduce written down value of assets.

Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)

S. 32 : Depreciation 1Purchase of assets treated as bogus 1Proportionate disallowance of depreciation each year is proper.

Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)

S.14A : Disallowance of expenditure-Exempt income-No exempt income – No disallowance can be made.[R.8D]

Indowind Energy Ltd. v.Dy. CIT (2024)109 ITR 68 (SN)(Chennai)(Trib)