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 — Capital or revenue Computer software expenses — Legal expenses incurred in connection with sale of capital assets – Held to be revenue expenditure .

PCIT v. Aker Powergas Pvt. Ltd. (2020)423 ITR 536 (Bom)(HC)

S. 36(1)(viia) :Bad debt-Provision for bad and doubtful debts – Co-Operative Bank — Deduction for 10 Per Cent. of aggregate advances of Rural Branches – Not allowable .

Ernakulam District Co-Operative Bank Ltd. v CIT (2020) 423 ITR 308 (Ker)(HC)

S.36(1)(vii): Bad Debts —Lottery and financing business- Advance of money- Amounts written off in accounts — Held to be allowable . [ S.36 (1), 36(2) ]

Deccan Agency v. Dy CIT (2020) 423 ITR 418 (Mad) (HC)

S.36(1)(vii) ; Bad debts- Part of current assets – Allowable as bad debt .

PCIT v. Lee and Muirhead Pvt. Ltd. (2020)423 ITR 167 (Bom) (HC)

S. 36(1)(va): Any sum received from employees – Employees’ Contribution to Provident Fund and Employees’ State Insurance — Delay in payment- Tribunal remanding the issue before Assessing Officer – Held to be erroneous .[S. 2(24)(X), 36(1)(Va) , Employees’ Provident Funds And Miscellaneous Provisions Act, 1952, S. 38. ]

PCIT v. Suzlon Energy Ltd. (2020)423 ITR 608 (Guj) (HC)

S. 36(1)(iii): Interest on borrowed capital — Amount used to assist sister concern — Interest not deductible.

Yenepoya Resins and Chemicals v .Dy CIT (2020)423 ITR 161/ 196 DTR 427/ 271 Taxman 271 (Karn)(HC)

S.32: Depreciation — Rate of depreciation —Hiring out construction Equipment —Crane depreciation allowable at 30% – It cannot be reduced to 15% – Res Judicata —Not strictly applicable but consistency essential.
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Prasad Multi Services Private Ltd. v Dy CIT (2020)423 ITR 542/ 196 DTR 401 (Guj) (HC)

S.32: Depreciation —Uninterrupted power supply system for Computers —Entitled to depreciation at 60 Per Cent.

CIT v. Royal Sundaram Alliance Insurance Co. Ltd. (2020)423 ITR 122 (Mad)(HC)

S. 14A : Disallowance of expenditure – Exempt income – Investment from borrowed capital – Presumption that advances made out of interest free funds- No facts pleaded for apportionment – Deletion of addition is held to be justified [S.36(1)(iii), R. 8D ]

PCIT v. Shapoorji Pallonji and Co. Ltd. (2020)423 ITR 220/ 273 Taxman 167 (Bom)(HC) Editorial: SLP of Revenue dismissed , PCIT v. Shapoorji Pallonji and Co. Ltd. (2022) 288 Taxman 661 (SC)

S. 14A : Disallowance of expenditure – Exempt income – No expenditure was incurred – Disallowances cannot be made . [ R.8D ]

PCIT v. Lee and Muirhead Pvt. Ltd. (2020)423 ITR 167 (Bom) (HC)