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. 43B : Deductions on actual payment-TCS on sales of scrap-Not claimed as deduction-Journal entries-Addition is deleted. [S. 206C]

Aay Kay Manufacturing Co. v. ITO (2024) 207 ITD 254 (Amritsar) (Trib.)

S. 43(5) : Speculative transaction-High sea sales-Buying and selling edible oil-Final and physical delivery of goods had been taken by end user at port of destination after compliance with all customs formalities-Set off against interest income-Transactions cannot be termed as speculative transaction. [S.73(1)]

DCIT v. Apex Fibre India Ltd. (2024) 207 ITD 504 (Amritsar) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Income deemed to accrue or arise in India-Fees for technical services-Shipment clearing and forwarding charges-Payment is not chargeable to tax in India-Disallowance is deleted-Article 12 of OECD Model Convention. [S.9(1)(vi), 195]

ACIT v. LX Pantos India (P.) Ltd. (2024) 207 ITD 680 (Delhi) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Engaged in providing services and facilities relating to exploration and exploitation of mineral oil and natural gas Interest-Not taxable in India.[DTAA-India-Singapore [S. 9(1)(1), 44BB, 195, Art. 5, 7,]

Aban Singapore Pte. Ltd. v. ITO (2024) 207 ITD 143 (Chennai) (Trib.)

S.37(1): Business expenditure-Sales promotion expenses-Construction project-Allowable as revenue expenditure-AS-7 was purely effective for contractor in construction, not for developers, question of capitalizing project cost of sale promotion was unjustified.[S.145, AS-7]

PRL Developers (P.) Ltd. v. ACIT (2024) 207 ITD 753 (Mum) (Trib.)

S. 37(1) : Business expenditure-Business loss-Advance for purchase of business-Failure to supply goods-Trade advances-Advance written off allowable as business loss. [S.28(i), 36(2), 37 (1)]

Roop Kishore Madan. v. ACIT (2024) 207 ITD 210 (Delhi) (Trib.)

S.37(1): Business expenditure-Employee Stock Option (ESOP)-Disallowance is deleted.

DCIT v. CBRE South Asia (P.) Ltd. (2024) 207 ITD 249 (Delhi) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Advanced funds for commercial purposes without charging interest-Advanced from interest free funds-Order of CIT(A) confirming the disallowance is deleted.

DCIT v. Apex Fibre India Ltd. (2024) 207 ITD 504 (Amritsar) (Trib.)

S. 32AC: Investment in new pant or machinery-Installation of machinery-Blending of lube oil tantamounts to manufacture or production-Entitle to deduction.

ACIT v. Idemitsu Lube (P.) Ltd. (2024) 207 ITD 173 /111 ITR 59 (SN) (Delhi) (Trib.)

S. 32 : Depreciation-Computer software-Depreciation is allowable at rate of 60 per cent.

PRL Developers (P.) Ltd. v. ACIT (2024) 207 ITD 753 (Mum) (Trib.)