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. 45 : Capital gains-Purchase and sale of shares-Long term capital gains-Penny stock-SEBI Registered broker-Investigation report-Burden is on revenue to disprove the documents-Addition as unexplained money is held to be not justified. [S. 10(38), 69A]

Jawaad Alam and Fawad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.)

S. 43B : Deductions on actual payment-Interest payable to Bank-Provision that conversion of interest into loan not equivalent to actual payment-Payment through overdraft account or cash credit account-Not disqualified. [S. 43B(d), 43B(e)]

ACIT v. Ashok Radhakishen Mehra (2021) 188 ITD 663/ 86 ITR 19 (SN) (Mum.)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchase of stock-in-trade-Disallowance is affirmed. [R. 6DD]

Suresh Chunnilal Sharma v. ITO (2021) 86 ITR 22 (SN) (Pune)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchase of land-Amount paid neither debited to profit and loss account nor claimed as deduction.

Green Valley Tower Pvt. Ltd. v. ACIT (2021) 86 ITR 1 (Delhi)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchase of capital asset or investment-No disallowance can be made.

ACIT v. Arvind Srinivasan (2021) 86 ITR 84 (Chennai)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payees declaring payments in returns and paying tax thereon-AO was directed to verify and decide according to law.

United Teleservices Ltd. v. ACIT (2021)86 ITR 36 (SN) (Kol.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Settlement of loan provision of deduction at source is not applicable-Amount of sales written as bad debt which is reflected in profit and loss account-Allowable as deduction subject to verification. [S. 36(1)(vii)]

ACIT v. Parag Fans and Cooling System Pvt. Ltd. (2021) 86 ITR 598 (Indore)(Trib.)

S. 37(1) : Business expenditure-Provision for sales and advertisement expenses-Liability crystallising only in the following year-Disallowance is held to be proper-Advertisement expenses-Matter remanded-Provision for warranty-Allowable only if amount is claimed during year. [S. 145]

A. O. Smith India Water Products Pvt. Ltd. v. Dy. CIT (2021) 86 ITR 38 (SN) (Bang.)(Trib.)

S. 37(1) : Business expenditure-Firm of Chartered Accountants-Part Payment of subscription fees through Mumbai entity as reimbursement of its share to international group entity-Allowable as deduction-Legal and professional fees-Criminal complaint filed against partner in matter related to business of firm-Allowable as business expenditure. [S. 195]

Deloitte Haskins And Sells v. ACIT (2021) 86 ITR 121 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Payee relative of promoter-AO can not decide the reasonable and commercial expenditure-Payment to consultant-Failure to procure business-No disallowance can be made-DTAA-India-UAE. [S. 40(a)(i), Art.14(7), 22(1)]

ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)