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-Variation in quality or defective goods–No addition can be made-General expenses–Reduction of expenses–Rent to other companies–Same management– Commission paid to investment companies–Amount cannot be assessed in the hands of the assessee.[S. 4]

CIT v. Apollo Tyres Ltd. (No .2) (2019) 416 ITR 546 (Ker.) (HC) CIT v. Apollo Tyres Ltd. (No. 3) (2019) 416 ITR 554 (Ker.) (HC)

S. 37(1) : Business expenditure-Royalty-Disallowance of expenses to extent not attributable to previous year relevant to Assessment year is held to be proper–Entitle to deduction for the period in question.

Apollo Tyres Ltd. (No. 2) v. ACIT (2019) 416 ITR 539 (Ker.)(HC) CIT v. Apollo Tyres Ltd. (No. 2) (2019) 219 ITR 546 ( Ker.)(HC)

S. 37(1) : Business expenditure–Right issue–Collaboration agreement–Year of allowability–Held allowable in the year of receipt of bill and approval-Club membership fee-Allowable as business expenditure. [S. 145]

Apollo Tyres Ltd. (No. 1) v. ACIT (2019) 416 ITR 523 / 183 DTR 163/ 311 CTR 981 (Ker.)(HC) CIT v. Apollo Tyres Ltd. (No. 2) ( 2019) 416 ITR 546 / 311 CTR 981( Ker.)(HC)

S. 37(1) : Business expenditure-Capital or revenue-Royalty paid as percentage of sales for obtaining technical Know how for setting up new business—Held to be capital expenditure.

Saboo Berlac Laboratories Ltd. v. ACIT (2019) 416 ITR 389 (P&H)(HC)

S. 37(1) : Business expenditure-Setting up of business and starting commercial activities-Commencement of research and development and construction of factory-Business is set up- Entitled to deduction of operating expenses, financial expenses and depreciation-Appellate Tribunal-Power. [S. 28(i), 32, 254(1)]

Daimler India Commercial Vehicles P. Ltd. v. DCIT (2019) 416 ITR 343/183 DTR 92/ (2020) 313 CTR 44 (Mad.)(HC)

S. 36(1)(vii) : Bad debt-Interest allowed–Entitle to claim write off of principal.[S. 36(2)]

CIT v. Nalwa Sons Investment Ltd. (2019) 416 ITR 263 (Delhi)(HC)

S. 36(1)(iii) : Interest on borrowed capital–Production of milk-Loan for setting up joint venture company with Central Government Agency and State Government entity–Allowable as deduction.

CIT v. Keventer Agro Ltd. (2019) 416 ITR 482 (Cal.)(HC)

S. 36(1)(iii) : Interest on borrowed capital–Commercial expediency-Inter-corporate deposits–Lower rate charged on inter-corporate deposits than that paid -No disallowances can be made. [S. 37(1)]

CIT v. Apollo Tyres Ltd. (No. 2) (2019) 219 ITR 546 (Ker.)(HC)

S. 28(i) : Business loss–Loss on sale of bonds–Held to be business loss.

CIT v. Appollo Tyres Ltd. (No. 4) (2019) 416 ITR 564 (Ker.)(HC)

S. 11 : Property held for charitable purposes–Amount spent on acquisition of capital assets is allowed as application of income for charitable purposes – Depreciation is allowable.[S. 11(2), 32]

CIT v. Karnataka State Cricket Association. (2019) 416 ITR 604 (Karn.)(HC)