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. 270A:Penalty for under -reporting and misreporting of income – Penalty notice was only regarding underreporting of income- Penalty levied u for misreporting of income and under reporting – Not specifying the specific charge – Salary received is shown in the return – Penalty of Rs 44, 90,048 levied under section 270A(8) of the Act is deleted . [ S.139(9), 192 , 270A(8),270A(9)(e), 274 , Form No. 26AS ]
Manish Mnaohardas v .ITO (IT) (Mum )( Trib) www.itatonline.org
S.37(1): Business expenditure-Product development expenses-Allowable as revenue expenditure-Liquidated damages-As part of contractual obligation with its customers for delayed supply of goods or delayed completion of projects-Allowable as deduction-Employees’ contribution to PF and ESI would not be allowable in case of assessee-employer if it was remitted beyond due date prescribed under respective Acts.[S. 36(1)(va)]
Himenviro Environmental Engineering Co. (P.) Ltd. V. ACIT (2024) 205 ITD 237 (Delhi)(Trib.)
S.37(1): Business expenditure-Business promotion expenses-Gifts distributed at time of annual general meeting to milk producers-Allowable as deduction-Limited return on share capital-1% of share capital-Not allowable as deduction. [Companies Act, 1956, S.581A, 581 E]
ACIT v. Sri Vijaya Visakha Milk Producers Company Ltd. (2024) 205 ITD 160/227 TTJ 23 (UO) (Vishakha)(Trib.)
S. 36(1)(iii) :Interest on borrowed capital-Loan raised from bank for repayment of capital-Allowable as deduction.
Ariff & Co. v. ACIT (2024) 205 ITD 84/229 TTJ 434 (Chennai) (Trib.)
S. 35AD : Deduction in respect of expenditure on specified business-Hospital-Survey-Revised return-Deduction claimed in revised return is allowable. [S.35AD(2), 133A, 139(5)]
ACIT v. Surat Life Care (P.) Ltd. (2024) 205 ITD 538 (Surat)(Trib.)
S.35A : Acquisition-Patent rights-Copy rights-Trade mark-Merger-Eligible to claim deduction.
Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum.)(Trib.)
S. 35 : Expenditure on scientific research-Approval was pending-Issue was restored to Assessing Officer.[S.35(2AB), Form No 3CM]
Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum.)(Trib.)
S. 32 : Depreciation-Carry forward of depreciation-New plant and machinery less than 180 days-Entire additional depreciation cannot be allowed-Balance unclaimed amount can be claimed in subsequent assessment year.
Asian Paints Ltd. v. ACIT (2024) 205 ITD 680 (Mum.)(Trib.)
S. 32: Depreciation-Merger-Assessing Officer should allow depreciation on basis of computation made by assessee and not to reduce WDV on basis of notional amount of depreciation.
Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum.)(Trib.)
S. 32 : Depreciation-Computer software-Block-Software and computer as one block, issue was to be remitted back to Assessing Officer to decide as per findings returned by Tribunal. [S. 2(11)]
Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum)(Trib.)