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-Real estate developer-Purchase of agricultural land-Disallowance was held to be not justified. [R. 6DD(e)(i)]

Mohammed Ali Shaik v. ITO (2021) 190 ITD 771 /(2022) 211 DTR 94 / 216 TTJ 94 (Vishakha)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Pond and farm maintenance expenses-No evidence was produced to prove that the payments had been made to cultivator, grower or produced-Disallowance was confirmed. [R. 6DD(e)]

Oceanic Bio Harvest Ltd. v. DCIT (2021) 190 ITD 765 (Chennai)(Trib.)

S. 40(b)(iv) : Amounts not deductible-Partner-Interest-Pro-rata basis-Average opening and closing balance. [S. 36(1)(iii), 37(1)]

Universal Stone Crushing Co. Dala v. ITO (2021) 190 ITD 415 (SMC) (All.)(Trib.)

S. 40(a)(ii) : Amounts not deductible-Rates or tax-Education cess-Allowable as deduction [S.37 (1)]

Metropolis Healthcare Ltd. v. DCIT (2021) 190 ITD 331 (Delhi) (Trib.)

S. 40(a)(ii) : Amounts not deductible-Rates or tax- Education cess and, higher and secondary education cess is not tax-Allowable as deduction. [S. 37 (1)]

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

S. 37(1) : Business expenditure-Dividend distribution tax-Not allowable as deduction.

Metropolis Healthcare Ltd. v. DCIT (2021) 190 ITD 331 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Telephone expenditure-Disallowance for alleged use by partners was deleted.

Universal Stone Crushing Co. Dala v. ITO (2021) 190 ITD 415 (SMC) (All.)(Trib.)

S. 37(1) : Business expenditure-Plant repair and maintenance expenses-Failure to produce supporting documents-5% of disallowance was held to be proper.

Universal Stone Crushing Co. Dala. v. ITO (2021) 190 ITD 415 (SMC) (All.)(Trib.)

S. 37(1) : Business expenditure-R&D expenditure-Automobile industry-Claimed 70 percent as capital and 30 percent as revenue-No matching concept-Held to be capital in nature-Entitle for depreciation. [S. 32]

Sogefi Engine Systems India (P.) Ltd. v. ACIT (2021) 190 ITD 525 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Brokerage expenditure-Deferred expenditure in books of account-Allowable as business expenditure.

DCIT v. Axis Asset Management Co. Ltd. (2021) 190 ITD 682 (Mum.) (Trib.)