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. 40(a)(ia): Amounts not deductible-Deduction at source-Amounts paid for services of employees of parent company-No Evidence that amount was reimbursement of actual expenditure as such services by parent company-Disallowance is affirmed.
Shriram Transport Finance Co. Ltd. v. ITO (OSD) (2024)460 ITR 66 (Mad)(HC)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Recipient filing belated loss return and not paying taxes on income declared-Liable to pay tax deducted at source with interest.[S.201(1)]
Academy of Medical Sciences v. CIT (2024)460 ITR 592/ 297 Taxman 2 (SC) Editorial :Refer Academy of Medical Sciences v. CIT (2018) 403 ITR 74 (Ker)(HC)
S. 37(1) : Business expenditure-Capital or revenue Royalty for use of logo of company-Expenses on employees stock option plan-Revenue expenditure.[Companies Act, 1956,2(15A) 2((37)]
CIT v. Shriram City Union Finance Ltd. (2024)460 ITR 232/161 taxmann.com 218 (Mad)(HC)
S.37(1): Business expenditure-Capital or revenue-Amounts paid as royalty to parent company for use of its trademark-Allowable as revenue expenditure-Employees stock option-Allowable as revenue expenditure-Interest on excess refund is not deductible.[S.143(1)
Shriram Transport Finance Co. Ltd. v. ITO (OSD) (2024)460 ITR 66 (Mad)(HC)
S. 37(1): Business expenditure-Loss on account of fluctuation in rate of foreign exchange-Derivative contracts-Hedge against exchange risk in respect of export proceeds receivable in foreign exchange-Loss is allowable-Special leave petition dismissed.[S. 28(i) Art. 136]
PCIT v.Emmsons International Ltd. (2024)460 ITR 718/ 297 Taxman 4 (SC) Editorial : PCIT v Emmsons International Ltd. (2024)460 ITR 715 /158 taxmann.com 10 (Delhi)(HC)
S. 36(1)(vii) :Bad debt-Amounts should be actually written off in profit and loss account-Allowable as deduction.
Shriram Transport Finance Co. Ltd. v. ITO (OSD) (2024)460 ITR 66 (Mad)(HC)
S. 32 : Depreciation-Claimed depreciation in accordance with Appendix I-No substantial question of law. [ITR. 5(1), 5(1)(IA)]
CIT v. Jindal Steel and Power Ltd. [2009] 180 Taxman 543/ (2024)460 ITR 159 (P&H)(HC)
S.28(i): Business loss-Derivative contracts-Foreign Exchange fluctuations-Allowable as business loss.[S. 37(1)]
Shriram Transport Finance Co. Ltd. v. ITO (OSD) (2024)460 ITR 66 (Mad)(HC)