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. 36(1)(iii) :Interest on borrowed capital-Loans given to related parties interest-free-Having sufficient funds to meet investment-Disallowance is deleted.[S.37(1)]

Lakozy Motors P. Ltd. v. Dy. CIT (2024)110 ITR 19 (SN)(Mum)(Trib)

S. 32 : Depreciation-Machine put to use before March 31-Depreciation is allowable.

Yala Construction Co. P. Ltd. v. Add. CIT (2024)110 ITR 1 (SN) (Delhi)(Trib)

S. 32 : Depreciation-Windmill-Expenditure incurred on preparation of land for installation of windmill-Matter remanded

Gujarat State Fertilizers and Chemicals Ltd. v.Dy. CIT (2024) 110 ITR 641 (Ahd)(Trib)

S. 31 : Repairs-Current repairs-Manufacture Of Fertilisers and chemicals-Expenditure on pipelines and fuel burner-Parts of plant and machinery-Parts incapable of independent use-Replacement of parts of machine is current repairs-Expenses allowable as revenue expenditure.[S.37(1)]

Gujarat State Fertilizers and Chemicals Ltd. v. Dy. CIT (2024) 110 ITR 641 (Ahd)(Trib)

S.14A : Disallowance of expenditure-Exempt income-No dividend income earned from investments-No disallowance can be made-The amendment by the Finance Act, 2022 is prospective in nature. [R.8D]

Lakozy Motors P. Ltd. v. Dy. CIT (2024)110 ITR 19 (SN) (Mum)(Trib) Xchanging Technology Services India P. Ltd. v.ACIT (2024)110 ITR 52 (SN)(Delhi)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Administrative expenses-Investment made from assessee’s own Funds-Matter remanded.[S.115J, R.8D]

Gujarat State Fertilizers and Chemicals Ltd. v.Dy. CIT (2024) 110 ITR 641 (Ahd)(Trib)

S. 11 : Property held for charitable purposes-Covid-19-Delay in filing return and Form No 10B-Supreme Court extending the period of limitation-Entitle to exemption. [S.12AA, Form No 10B]

Onkar Society for Engineering and Technological Research v. ITO (2024) 110 ITR 393 (Kol)(Trib)

S. 11 : Property held for charitable purposes-Object of general public utility-Business-Income from organising meetings, conferences and seminars, membership fee from members, interest on deposits and rentals from properties-Disseminate knowledge on specialised issues to members and non-members-Not business purposes-Subscription fee from existing members on annual basis as well as admission fee from new members is not income by virtue of principle of mutuality-Advancement of main object is not hit by proviso to Section 2(15) even post-amendments-Invested in terms of section-Entitled to exemption in respect of entire receipts-Depreciation-Directed to allow depreciation as application of income-Capital Gains-Sale of old motor car and purchase of new car-No opening written down value for year-Even if entire cost claimed as application of income, assessee is entitled to claim deduction of written down value from sale consideration for calculating capital gain-Accumulation of income-Accumulation is to be computed on gross receipts and not net receipts [S. 2(13), 2(15), 10(23C),(11(1)(a), 11(2), 11(5)(iii),12A, 13(8), 32,251(2)]

Indian Chamber of Commerce v. Dy. CIT (E) (2024) 110 ITR 30 /230 TTJ 364 /238 DTR 313 (Kol)(Trib)

S. 11 : Property held for charitable purposes-Accumulation-Not routed through income and expenditure Account-Addition is deleted-Nodal agency for rebuilding portions of the State of Uttarakhand affected by floods-Income-Received funds for rebuilding flood-hit State-Utilised funds as per requirements of State Government-Balance remaining after work repayable to payer-Assessee is not owner of funds-Funds not income-Addition is deleted.[S. 4, 11(2)]

Dy. CIT (E) v. Sewa-THDC (2024) 110 ITR 151 (Delhi)(Trib)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Supply of drawings and designs-Plant and equipment supplied from outside India and sale transaction concluded outside India-Receipts cannot be taxed in India-Amount not taxable in India-Receipts from supervisory services for erection and Commissioning of equipment-Amount received falls within definition of fees for technical services-DTAA-India-Switzerland, Switzerland.[Art. 12(4)]

SMS Concast AG v. DDIT (IT) (2024) 110 ITR 138 (Delhi)(Trib)