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. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Genuineness of transaction was in doubt-Order of High Court is affirmed-SLP of assessee is dismissed. [R.6DD(j), Art. 136]

Rajesh Kumar v. CIT (2024) 298 Taxman 753 / 463 ITR 328 (SC) Editorial : Rajesh Kumar v. CIT (2024) 296 Taxman 540/463 ITR 320 (Delhi)(HC)

S. 37(1) : Business expenditure-Provision for salary and wages-Justice Palekar Award-Ex-gratia bonus-Allowable as expenditure. [S. 36(1)(ii), 260A, Payment of Bonus Act, 1965]

Indian Express Newspapers (Bombay) Ltd. v. CIT (2024) 298 Taxman 507(Bom.)(HC)

S. 37(1) : Business expenditure-Payment to Haryana State Agricultural Board-Statutory functioning-Application of income-Allowable as deduction-Penalty order is quashed as the quantum disallowance is deleted. [S.260A, 271(1(c)]

Market Committee v. ACIT (2024) 298 Taxman 473 /467 ITR 118 (P&H)(HC)

S. 37(1) : Business expenditure-Cpmpensation-340 days delay-SLP is dismissed.[Art. 136]

PCIT v. Industrial Development Corporation of Orissa Ltd. (2024) 298 Taxman 743 (SC) Editorial: PCIT v. Industrial Development Corporation of Orissa Ltd (2023) 147 taxmann.com 298 (Orissa)(HC)

S. 37(1) : Business expenditure-Diversion by overriding title-Sharing of profit-The AO has to take into account the manner in which the business works, the modalities and manner in which SAP/additional purchase price/final price are decided and determine what amount forms part of the profit-Whatever is the profit component is sharing of profit/distribution of profit and the rest is deductible as expenditure-question of law is answered partly in favour of the revenue and partly in favour of the assessee-Matter is remitted to the AO to undertake the exercise as stated in the judgement after giving an opportunity to the respective assesses-Review petition is dismissed [S.40A(2),Sugarcane (Control) Order 1966 clauses, 3, 5A]

Sharad Sahakari Sakhar Karkhana Ltd. v. CIT (2024) 298 Taxman 191/339 CTR 345 (SC) Editorial : CIT v. Tasgaon Taluka S.S.K Ltd (2019) 262 Taxman 176 // 412 ITR 420 / 307 CTR 473/ 175 DTR 345 (SC)

S. 37(1) : Business expenditure-Interest-Real estate business-Not commenced the business-Investing in shares of subsidiary-Not allowable as deduction-SLP of assessee is dismissed.[Art.136]

Zuari Management Services Ltd. v. CIT (2024) 298 Taxman 551 (SC) Editorial : Zuari Management Services Ltd. v. CIT (2017) 88 taxmann.com 625 (Bom)(HC)

S. 36(1)(va) : Any sum received from employees-Late deposit of employee’s contribution to PF and ESI-Disallowance is justified-Assessment order under section 143(1)(a) would make no difference.[S.143(1)(a), 260A]

Rohan Korgaonkar v. Dy. CIT (2024) 298 Taxman 159 (Bom.)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Loan to subsidiary-Subsidiary was incurring losses-Loan from banks at rate 14 to 16 percent-Advance to subsidiary at rate of 6 percent-No disallowance was made in earlier years-Rule of consistency-Order of Tribunal is affirmed-No substantial question of law.[S.260A]

PCIT v. Uniparts India Ltd. (2024) 298 Taxman 212 (Delhi)(HC)

S. 32 : Depreciation-Amalgamtion-Intangible assets-Goodwill is valuable asset-Entitle to depreciation-SLP of Revenue is dismissed.[S. 32(1), Art. 136]

CIT v. Hewlett Packard India Sales (P.) Ltd. (2024) 298 Taxman 448 / 463 ITR 334 (SC) Editorial : CIT v. Hewlett Packard India Sales (P.) Ltd(2021) 279 Taxman 355(2024) 463 ITR 329 (Karn)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Borrowed capitals-Investing in shares to earn income from dividend-Expenditure incurred on interest paid on borrowed funds is not allowable as deduction. [S.10(33), 36(1)(iii), 260A]

Mahesh K. Mehta v. Dy. CIT (2024) 298 Taxman 238 (Bom.)(HC)/Editorial : SLP is dismissed , Mahesh K. Mehta v. Dy. CIT (2024) 300 Taxman 600 (SC)