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-Marketing expenses-Mobile handsets issued free of cost to after-Marketing services Centers, annual maintenance and services contractors, dealers and employees-Cost allowable as business expenditure–Trade discount also allowable as business expenditure.

Nokia India Pvt. Ltd. v. Add. CIT (2020) 83 ITR 69 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Recruitment of employees-Held to be allowable as deduction.

Dy. CIT (LTU) v. EXL Service.Com (India) Pvt. Ltd. (2020) 83 ITR 11 (SN) (Delhi)(Trib.)

S. 37(i) : Business expenditure-Grants to Philanthropic Organisations and recreational clubs-In terms of agreement between management and employees union-Allowable as deduction.

ACIT v. Eastern Coalfields Ltd. (2020) 83 ITR 61 (SN) (Kol.)(Trib.)

S. 37(i) : Business expenditure-Provision for future expenses- Construction of stations and tunnels for the Bangalore metro-Matter remanded to the Assessing Officer. [S. 145].

ACIT v. CEC Soma CICI Joint Venture (2020)83 ITR 54 (SN) (Bang.) (Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Admission fees paid to Stock Exchange for membership is capital expenditure- Membership of Stock Exchange is a capital asset- Depreciation is allowable. [S. 2(14), 32 National Stock Exchange Rules, 18(b)]

BGSE Financials Ltd. v. Dy. CIT (2020) 83 ITR 56 (SN)/194 DTR 313/ 207 TTJ 1121 (Bang.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Interest on car loan-Car Loan amount directly disbursed to seller of car-Own fund utilized for advancing interest free loan-Disallowance of interests is not justified.

Vinay Bhasin v. ACIT (2020) 83 ITR 78 (SN) (Delhi)(Trib.)

S. 35D : Amortisation of preliminary expenses-Inconsistency in manner of claiming expenditure-Deduction of the fresh expenditure allowable only as per S.35D of the Act .

Nuclear Healthcare Limited v. ACIT (2020) 83 ITR 35 (SN) (Mum.) (Trib.)

S. 32 : Depreciation-Voice recording software licences-Entitled to Sixty Per Cent.

Dy. CIT (LTU) v. EXL Service.Com (India) Pvt. Ltd. (2020) 83 ITR 11 (SN) (Delhi)(Trib.)

S. 28(i) : Business loss-Foreign exchange fluctuation exchange rates -Loans were not used for import of capital goods-Loss allowable as business loss. [S. 37(i)]

Dy. CIT v. Coffee Day Global Ltd. (2020) 83 ITR 41 (SN) (Bang.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Assessing Officer should examine correctness of claim that no expenses were incurred after making reference to Account-Without recording the dissatisfaction no disallowance can be made. [S. 10(34), R.8D ]

Vinay Bhasin v. ACIT (2020) 83 ITR 78 (SN) (Delhi)(Trib.)