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-Investment in shares only 11 Per Cent of own funds, no proportionate disallowance of interest warranted.

Dy. CIT v. EIH Associated Hotels Ltd. (2021) 87 ITR 5 (SN) (Mum.)(Trib.)

S. 37 (1) : Business expenditure-Interest rate hedging contract-Underlying transaction was interest payable on loan-loss or gain from interest rate swap arrangement is allowable as revenue expenditure.

Dy.CIT v. Sisecam Flat Glass India Ltd. (2021) 87 ITR 1 (SN) (Kol.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Major renovation-Expenditure on repairs & renovation of office premises held to be allowable as business expenditure. [S. 30]

UHDE India (P) Ltd. v. ACIT (2021) 190 ITD 777/ 211 TTJ 339 (Mum.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Business of investment in shares-Interest paid is allowable as deduction.

Addlife Investments (P.) Ltd. v. DCIT (2021) 187 ITD 591/201 DTR 145 (Ahd.) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Amount of revenue generation does not, in any manner, affect the claim of deduction.

Trimurty Buildcon Pvt. Ltd. v. ITO (2021) 87 ITR 505 / 211 TTJ 249 /(2022) 209 DTR 322(Jaipur)(Trib.)

S. 35D : Amortisation of preliminary expenses-Raising authorised capital-Eligible for deduction.

Addlife Investments (P.) Ltd. v. DCIT DCIT (2020) 84 ITR 343 / (2021) 187 ITD 591/ 211 TTJ 581(Ahd.) (Trib.)

S. 35 : Scientific research expenditure-Deduction could not be denied merely because prescribed authority failed to send intimation in Form 3CL in respect of expenditure incurred by R&D unit for relevant assessment year. [S. 35(2AB)]

DCIT v. STP Ltd. (2021) 187 ITD 538 / 86 ITR 14 (Kol.)(Trib.)

S. 32 : Depreciation-Software-Capital or revenue-If assessee’s claim allowed, claim to depreciation for following year would become infructuous. [S. 37(1)]

Dy.CIT v. Sisecam Flat Glass India Ltd. (2021) 87 ITR 1 (SN) (Kol.)(Trib.)

S. 28(1) : Business loss-Bad debt-Business of Financing and investing-Giving Guarantees was one of the object-Borrowers for whom guarantee given, defaulted and assessee repaid the loan amount-Assessee recovered partial amount from borrowers and balance unrecovered amount written off, was held allowable as business loss. [S. 36(2)]

WGF Financial Services Pvt. Ltd. v. CIT (2021) 87 ITR 14 (SN) (Delhi)(Trib.)

S. 28 (i) : Business loss-loss on securities-Mark-to-Market loss-Unrealised foreign exchange loss allowable as business loss. [S. 37(1)]

Dy. CIT v. KEC International Ltd. (2021) 87 ITR 587 (Mum.)(Trib.)