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
Click here to download the pdf versions of the Digest of case laws

S. 37(1) : Business expenditure-Firm of Chartered Accountants-Part Payment of subscription fees through Mumbai entity as reimbursement of its share to international group entity-Allowable as deduction-Legal and professional fees-Criminal complaint filed against partner in matter related to business of firm-Allowable as business expenditure. [S. 195]

Deloitte Haskins And Sells v. ACIT (2021) 86 ITR 121 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Payee relative of promoter-AO can not decide the reasonable and commercial expenditure-Payment to consultant-Failure to procure business-No disallowance can be made-DTAA-India-UAE. [S. 40(a)(i), Art.14(7), 22(1)]

ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Power and fuel expenses-No defects in the books of account-Ad hoc disallowance is held to be not justified-Employees’ contribution to provident fund and employees’ state insurance corporation-Delay in depositing-Deduction allowable. [S. 36(1)(va)]

ACIT v. Ariba Foods Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.) ACIT v. Vyanktesh Plastics and Packaging Pvt. Ltd (2021) 86 ITR 174 (Indore)(Trib.) ACIT v. Famous Vanijya Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.)

S. 37(1) : Business expenditure-Real estate business-Land acquired for development-Expenditure allowable as the business commenced no business income is declared-Expenses for development of residential or commercial project to be considered as work-in-progress.

Bengal Shriram Hitech City Pvt. Ltd. v. ACIT (2021) 86 ITR 719 (Bang.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Loan for purchase of Office-Interest not allowable for period till asset put to use.

United Teleservices Ltd. v. ACIT (2021) 86 ITR 36 (SN) (Kol.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-External commercial borrowing loan-Expansion of existing business-Disallowance cannot be made.

Maxim India Integrated Circuit Design Pvt. Ltd. v. Dy.CIT (2021) 187 ITD 547 / 86 ITR 26 // 212 TTJ 986/ 204 DTR 332 (Bang.)(Trib.)

S. 35 : Scientific research-Research and development facility should be approved by Prescribed Authority-Failure by prescribed authority to send intimation in Form 3CL-Weighted deduction cannot be denied. [S. 35(2AB), ITR 6]

Dy. CIT v. STP LTD. (2021) 187 ITD 538 / 86 ITR 14 (SN) (Kol.)(Trib.)

S. 32 : Depreciation -Computer software —Intangible asset- Entitled to depreciation at 60% Per Cent.

Dy.CIT v. MPS Infotecnics Pvt. Ltd. (2021) 86 ITR 141 (Delhi) (Trib)

S.32: Depreciation —Hotel business – Car parked at premises of managing Director – Depreciation cannot be disallowed – Gym equipment – Depreciation cannot be disallowed because it was used by managing director .

ACIT v. Claridges Hotels Pvt. Ltd. (2021)86 ITR 402 (Delhi)(Trib)

S .14A : Disallowance of expenditure – Exempt income – Presumption that the investment was made with interest free funds – Matter remanded [ R.8D ]

Suresh Chunnilal Sharma v. ITO (2021) 86 ITR 22 (SN)(Pune) (Trib)