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. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability–liability on account of trade payable is not written back in profit and loss account–No cessation of liability–Addition cannot be made. [S. 2(12A)]
Dy. CIT v. Pasupati Fabrics Ltd. (2019) 74 ITR 411 (Delhi)(Trib. )
S. 40A(2) : Expenses or payments not deductible–Excessive or unreasonable-Contribution and commission of directors-Directors are paying tax at maximum marginal rate – No disallowances can be made. [S. 36(1)(ii), 37(1), 40A(2)(b), 115-O, Companies Act, 1956, S. 198, 309]
Dy. CIT v. Impulse International P. Ltd. (2019) 71 ITR 28 (SN) (Delhi)(Trib.)
S. 40A(2) : Expenses or payments not deductible–Excessive or unreasonable-Rent-Maintenance charges, location, and applicability of relevant provisions — No evidence regarding unreasonableness of rent-No disallowance can be made. [S. 40(2)(b)]
Dy. CIT v. Impulse International P. Ltd. (2019) 71 ITR 28 (SN) (Delhi)(Trib. )
S. 40(a)(ia) : Amounts not deductible-Deduction at source –Amendment to effect that if tax deducted at source paid on or before due date for filing return disallowance not warranted-Retrospective in operation-Remitting tax deduction at source amount before due date for filing return-No disallowance can be made. [S. 139(1)]
Dy. CIT v. Janani Tours and Resorts P. Ltd. (2019) 70 ITR 51 (SN) (Bang.)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source–Burden is on assessee to prove recipient declared income in its gross income-Interest to be calculated for the period of default. [S. 201(1), 201(IA)]
Dy. CIT v. Janapriya Engineers Syndicate Ltd. (2019) 70 ITR 370 (Hyd.)(Trib.)
S. 37(1) : Business expenditure–Liquidated damages–Interest-Breach of agreement and not breach of law-Corporate club membership fees-Allowable as deduction. [S. 35ABB]
Dy. CIT v. HFCL Infotel Ltd. (2019) 71 ITR 93 (SN) (Delhi)(Trib.)
S. 37(1) : Business expenditure-Pre-operative expenses-advertisement, marketing and promotion expenses to keep products fresh in minds of public-No enduring benefit-Allowable as revenue expenditure.
Dy. CIT v. Miele India P. Ltd. (2019) 72 ITR 149 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Capital or revenue–Development of software–Held to be revenue in nature.
Cox & Kings Ltd. v. Addl. CIT (2019) 55 CCH 75 / 69 ITR 45 (SN) (Mum.) (Trib.)
S. 37(1) : Business expenditure-Management charges to holding Company-Remanded matter to AO.
Diamond Crucible Co. Ltd. v. ACIT (2019) 69 ITR 53 (SN) (Ahd.)(Trib.)
S. 37(1) : Business expenditure-Sales promotional expenses–Held to be allowable as business expenditure. [Medical Council (Professional Conducts, Etiquettes and Ethics) Regulation Act, 2002]
Aristo Pharmaceuticals (P.) Ltd. v. ACIT (2019) 178 ITD 147 (Mum.)(Trib.)