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-Capital or revenue-Software expenses-Arrears of wages-Ex-gratia payment-Allowable as business expenditure-Payment made to Registrar of Companies for increasing authorised capital-Not allowable as revenue expenditure.

Karur Vysya Bank Ltd. v. CIT (2021) 438 ITR 465 /(2022) 284 Taxman 692 (Mad.)(HC)

S. 36(1)(vii) :Bad debt-Provision made for bad debts-Banking company-Allowable as deduction though not debited in profit and loss account. [S. 145]

CIT, LTU v. Vijay Bank (2021) 130 taxmann.com 148 (Karn.)(HC) Editorial :SLP was granted to revenue, CIT, LTU v. Vijay Bank (2021) 282 Taxman 296 (SC)

S. 36(1)(vii) : Bad debt-Advance paid for acquisition of capital asset-Amount written off-Not allowable as bad debt. [S. 37(1)]

Apollo Tyres Ltd. v. Dy. CIT (2021) 438 ITR 526/ 283 Taxman 427 (Ker.)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Commercial expediency-Borrowed funds not diverted to sister concerns-Allowable as deduction. [S. 37(1)]

CIT v. GMR Energy Ltd. (2021)437 ITR 240 (Karn.)(HC)

S. 32(2) : Depreciation-Unabsorbed depreciation-Set-off-Allowed to be carried forward and set off after a period of eight years without any limit as per section 32 (2) as amended by Finance Act, 2001. [S. 32]

PCIT v. Petrofils Co-op. Ltd. (2021) 130 taxmann.com 190 (Guj.)(HC) Editorial : SLP of revenue was dismissed ; PCIT v. Petrofils Co-op. Ltd. (2021) 282 Taxman 319 (SC)

S. 32 : Depreciation-Business of mining and transportation-Dumpers-Higher rate of depreciation of 30% is allowable-No substantial question of law. [S. 260A]

PCIT v. H.D. Enterprises (2021) 130 taxmann.com 289 (Guj.)(HC) Editorial : SLP of revenue dismissed, PCIT v. H.D. Enterprises (2021) 282 Taxman 382 (SC)/) (2021 438 ITR 2 (ST) (SC)

S. 32 : Depreciation-Part of building let out to sister concern-Disallowance of depreciation is held to be justified. [S. 22]

Apollo Tyres Ltd. v. Dy. CIT (2021) 438 ITR 526/ 283 Taxman 427 (Ker.)(HC)

S. 28(i) : Business income-Income earned by letting out of property for running software Technology park-Assessable as business income. [S. 22, 56]

CIT v. Tidel Park Ltd. (2021) 437 ITR 311 (Mad.)(HC)

S. 17(2) : Perquisite-Valuation of perquisites- Salary – Deduction at source -Rent as per Rule 3-Accommodation provided by Central Government and State Government to its employees-Not applicable to undertakings controlled by Central or State Governments. [S. 15, 192, ITR, 1962, R. 3]

Indian Institute of Science v. Dy. CIT (2021) 438 ITR 400 / 204 DTR 329/ 322 CTR 217 (Karn)(HC).Editorial: Affirrmed in Indian Institute of Science v .Dy. CIT (2022) 446 ITR 418 (SC)

S. 14A : Disallowance of expenditure-Exempt income-Failure to examine the contention that no expenses were incurred to earn exempt income-Matter remanded. [S. 254(1), R.8D]

Karur Vysya Bank Ltd. v. CIT (2021) 438 ITR 465 /(2022) 284 Taxman 692 (Mad.)(HC)