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. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-payment for purchase of software without deducting TDS-Not affected by subsequent court ruling-No disallowance can be made for failure to deduct tax at source. [S. 9(1)(vi), 194I, 195]
Infosys Bpm Ltd. v. Dy.CIT (2021) 87 ITR 193 (Bang.)(Trib.)
S. 37(1) : Business expenditure-Reimbursement expenses with 15 per cent mark up-Allowable as revenue expenditure.
DCIT v. Barclays Technology Centre India (P.) Ltd. (2021) 187 ITD 632 / 198 DTR 241 / 210 TTJ 128 (Pune)(Trib.)
S. 37(1) : Business expenditure-Repairs-Replacement of part of machinery-Allowable as revenue expenditure.
Jaya Hind Industries Ltd. v. Dy. CIT (2021) 187 ITD 659 (Pune)(Trib.)
S. 37(1) : Business expenditure-CSR-Allowable as business expenditure-Penalty- Composition fee paid for regularising deviation in building structure was allowable as revenue expenditure-Capital or revenue-Repairs and maintenance of plant and machinery-Allowable as revenue expenditure-Acquisition of chairs-Capital expenditure-Advertisement expenses-Signage for display of name of Company at dealer’s premises-Expenditure to extent shared is allowable as revenue expenditure-Sales tools/fixtures-Allowable as revenue expenditure-Lumpsum royalty-Additional ground-Capitalised in books-Claimed in return-Allowable as revenue expenditure. [S. 32]
Honda Motorcycle and Scooter India (P.) Ltd. v. DCIT (2021) 187 ITD 264 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Delayed payment of sales tax-non collection of Form No C from buyers-Not in nature of penalty, allowable as deduction.
Gem Electro Mechanicals (P.) Ltd. v. ACIT (2021) 187 ITD 361 (Jaipur)(Trib.)
S. 37(1) : Business Expenditure-Sales promotion and diwali expenses are held to be allowable as business expenditure.
Dy. CIT v. Dee Development Engineers ltd. (2021) 87 ITR 38 (SN) (Delhi)(Trib.)
S. 37(1) : Business expenditure-Corporate social responsibility expenditure, change of law-Expenses prior to amendment prohibiting deduction not to be disallowed. (Expln. 2)
Dy. CIT v. Dee Development Engineers ltd. (2021) 87 ITR 38 (SN) (Delhi)(Trib.)
S. 37(1) : Business expenditure-Staff welfare expenses, staff recruitment expenses, expenses pertaining to employees meals on duties, medical expenses, medical insurance, uniform expenses are incidental to carrying on business-Expenditure wholly and exclusively for purpose of business is allowable.
Dy. CIT v. EIH Associated Hotels Ltd. (2021) 87 ITR 5 (SN) (Mum.)(Trib.)
S. 37(1) : Business expenditure-Advertisement-details furnished in respect of two out of three units-Disallowance restricted to 2 per cent. of estimate.
Dy.CIT v. EIH Associated Hotels Ltd. (2021) 87 ITR 5 (SN) (Mum.)(Trib.)
S. 37(1) : Business expenditure-Advances given to subsidiary-Advance made as a measure of commercial expediency-Interest is allowable.
Dy. CIT v. EIH Associated Hotels Ltd. (2021) 87 ITR 5 (SN) (Mum.)(Trib.)