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. 40(a)(ia): Amounts not deductible-Deduction at source-Merchant agreement-Booking of hotel rooms through platform-Contractors-Sub contractors-Minimum guarantee payments to hotels-Not liable to deduct tax at source.[S.194C, 194J]

Oravel Stays (P.) Ltd. v. ACIT (2024) 206 ITD 74 (Delhi)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Advertisement, sales promotion and clinical trial-Matter is remanded to Assessing Officer to examine applicability of proviso to section 201(1) and whether in few cases TDS was required to be deducted or not. [S.40(a)(ia), 195, 201(1)]

Isagro (Asia) Agrochemicals (P.) Ltd. v. DCIT (2024) 206 ITD 171 (Mum) (Trib.)

S.37(1): Business expenditure-Capital or revenue-Share issue expenses-Preliminary expenses incurred for increase in authorized capital is capital in nature. [S. 35D]

ACIT (OSD) v. M.S. Khurana Engineering Ltd. (2024) 206 ITD 741 (Ahd) (Trib.)

S. 37(1) : Business expenditure-Provision for expenses-Treatment of disposal of effluent waste and processing charges-credited back in subsequent year-Matter remanded-Sales return-Provision made for loss of sales return, being an expenditure which was not crystallized and was an anticipated loss, could not be allowed as deduction.[S.145]

Isagro (Asia) Agrochemicals (P.) Ltd. v. DCIT (2024) 206 ITD 171 (Mum) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Loans and advances-Own funds are more than interest bearing funds-No disallowance can be made.

Jasmatbhai Nanubhai Vidiya v. DCIT (2024) 206 ITD 44 (Surat) (Trib.)

S. 28(i) : Business income-Survey-Surrendered excess stock, cash and receivables-Offered as business income-Surrendered income cannot be asssseed under deeming provisions of section. 699A, 69B, 115BBE.[S. 69A, 69B 115BBE, 133A]

Veer Enterprises. v. DCIT (2024) 206 ITD 289/114 ITR 566 (Chd) (Trib.)

S. 23 : Income from house property-Annual value-Deemed let out-Two houses are occupied for self purposes-No notional rent is to be added.[S. 22]

Jasmatbhai Nanubhai Vidiya v. DCIT (2024) 206 ITD 44 (Surat) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Interest free funds-Investment in Securities and Joint ventures-Owned interest free funds with were much higher than investments made by assesse. [R.8D(2)(b)]

ACIT (OSD) v. M.S. Khurana Engineering Ltd. (2024) 206 ITD 741 (Ahd) (Trib.)

S.14A : Disallowance of expenditure-Exempt income-Rule 8D can be applied only in respect of investment which actually yielded dividend income during year. [R.8D]

Himatsingka Seide Ltd. v. DCIT (2024) 206 ITD 371 (Kol.)(Trib.)

S. 12AB : Procedure for fresh registration-Provisionally registered-Registration-Time limit-Final registration-CIT(E) rejected application as premature-There is no bar on applicant to move an application before period of six months from expiry of provisional registration-CIT(E) is directed to reconsider application-Provisional approval under section 80G(5)(iv) was granted-Application for final approval could not be rejected on ground that institution had already commenced its activities even prior to grant of provisional registration. [S. 12A(1)(ac)(iii), 80G]

Mallarpur Naisuva. v. CIT (E) (2024) 206 ITD 792 (Kol) (Trib.)