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. 44C : Non-residents-Head office expenditure-Allowable whether or not any amount is debited in books of account.

Doha Bank QSC v. DCIT (2021) 187 ITD 125 / 209 TTJ 716 (Mum.)(Trib.)

S. 44AD : Presumptive taxation-Cash credits-Unverifiable cash deposits and bank withdrawals-Duty on assessee to prove-Addition accepted. Limited scrutiny-AO is with in jurisdiction to take up additional issue in limited scrutiny of less than Rs. 10 lakhs. [S. 68]

Mohammed Sharaq v. ITO (2021) 87 ITR 41 (SN) (Bang.)(Trib.)

S. 43B : Certain deductions only on actual payment-certain interest expenses claimed were not deposited before the due date of filing return of income-no documentary evidence of payment made-disallowed-S. 40(a)(ia)-Amounts not deductible-Deduction at source-Interest, Commission, Brokerage-whether proviso to section 40(a)(ia) inserted by Finance Act, 2012 is prospective or retrospective nature-In Ansal Landmark Townships (P) Ltd. 279 CTR 384 (Del), the Delhi High Court has held that second proviso to Section 40(a)(ia) is declaratory and curative and has retrospective effect from 1st April 2005 inserted via Finance (No. 2) Act, 2004-benefit granted.

ARSS Infrastructure Project Ltd. v. DCIT (2021) 187 ITD 727 (Cuttack) (Trib.)

S. 43B : Deductions on actual payment-Contributions to provident fund and employee’s state insurance-contributions made late but before filing return-allowable. [S. 2(24)(x), 37(1)]

Dy. CIT v. Dee Development Engineers Ltd. (2021) 87 ITR 38 (SN) (Delhi)(Trib.)

S. 43A : Rate of exchange-Foreign currency-Fixed asset-Foreign currency loan-Adjustment against foreign exchange gain against capital work in progress and net amount of gain was to be offered to tax.

Honda Motorcycle and Scooter India (P.) Ltd. v. DCIT (2021) 187 ITD 264 (Delhi)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Purchaser written off Advance paid as bad debts-Advance received is taxable.

Hothur Traders v. ACIT (2021) 87 ITR 20 (SN) (Bang.)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Travel agency-Cash payments exceeding prescribed limits-business contingency-Payment genuine-Not disallowable. [Rule 6DD]

ITO v. Suresh Kumar (2021)187 ITD 311 (Delhi)(Trib.)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Diversion of income-Matter remanded-lockdown was in force was to excluded for purpose of time limits set out in rule 34(5) of ITAT Rules for pronouncement of orders. [ITAT R. 34(5)]

CIMS Hospital (P.) Ltd. v. DCIT (2021) 187 ITD 449 (Ahd.)(Trib.)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Related parties-Fair market value of rent-Failure to conduct any enquiry-No disallowance can be made-Sister-in-law of an individual does not fall under definition of relative under section 2(41)-Rental payment on account of godowns / shop made to sisters-in-law could not be disallowed. [S. 2(41), 56(2)]

Rajesh Bajaj v. DCIT (2021) 187 ITD 230 / 211 TTJ 750/ 201 DTR 310 (All.)(Trib.)

S. 40(b) : Amounts not deductible-Book profit-Remuneration-Interest income-included for computation of Book profit for computing partner’s remuneration. [S. 40(b)(v)]

Mac Industries v. ITO (2021) 187 ITD 322 / 211 TTJ 597 / 201 DTR 264(Surat)(Trib.)