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-Sales promotion and diwali expenses are held to be allowable as business expenditure.

Dy. CIT v. Dee Development Engineers ltd. (2021) 87 ITR 38 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Corporate social responsibility expenditure, change of law-Expenses prior to amendment prohibiting deduction not to be disallowed. (Expln. 2)

Dy. CIT v. Dee Development Engineers ltd. (2021) 87 ITR 38 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Staff welfare expenses, staff recruitment expenses, expenses pertaining to employees meals on duties, medical expenses, medical insurance, uniform expenses are incidental to carrying on business-Expenditure wholly and exclusively for purpose of business is allowable.

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

S. 37(1) : Business expenditure-Advertisement-details furnished in respect of two out of three units-Disallowance restricted to 2 per cent. of estimate.

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

S. 37(1) : Business expenditure-Advances given to subsidiary-Advance made as a measure of commercial expediency-Interest is allowable.

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

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.)