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-No part of services had been either rendered or received in India-Not liable to deduct tax at source on payments made to a non-resident company having no PE in India. [S. 195]
Dy.CIT v.Libra Techon Ltd. (2018) 195 TTJ 105 (UO) / 53 CCH 472/67 ITR 14 (SN) (Mum.)(Trib.)
S. 40(a)(i) : Amounts not deductible-Deduction at source-TDS deposited beyond the due date but before the due date of filing the Return of income is an allowable expenditure. [S. 139(1)]
L&T Finance Ltd (2018) 62 ITR 298/192 TTJ 9(UO) (Mum.)(Trib.)
S. 37(1) : Business expenditure-Claim for gifts given to distributors/dealers for promotion where in assessee failed to give list of recipients to be disallowed to the extent of 30%.
Laboratories Griffon (P) Ltd v.Dy CIT . (2018) 170 ITD 387 /65 ITR 317 / 193 TTJ 855/( 2019) 178 DTR 355 (Kol) (Trib.)
S. 37(1) : Business expenditure–Foreign tour expenses–Research manager–Only 20% of expenditure is held to be personal in nature by the CIT(A)is upheld.
Laboratories Griffon (P) Ltd.(2018) 170 ITD 387 /65 ITR 317 / 193 TTJ 855/( 2019) 178 DTR 355 (Kol) (Trib.)
S. 37(1) : Business expenditure-Legal and professional charges- Retainership fees–Held to be allowable as deduction.
Laboratories Griffon (P) Ltd.(2018) 170 ITD 387 /65 ITR 317 / 193 TTJ 855/( 2019) 178 DTR 355 (Kol) (Trib.)
S. 37(1) : Business expenditure–Payment made to doctors Convention fees is allowable expenditure- Not prohibited by law.
India Medtronic P. Ltd v. DCIT (2018) 64 ITR 9 (SN)/ 95 taxmann.com 21 (Mum.)(Trib.)
S. 37(1) : Business expenditure–Charity / Pooja and festival expenses are allowable as deduction.
DCIT v. Godawari Power & Ispat Ltd. (2018) 68 ITR 19(SN) (Raipur)(Trib.)
S. 37(1) : Business expenditure–Corporate Social responsibility (CSR )expenses are allowable as business expenditure- Amendment in S. 37(1) for disallowing CSR expenses referred to in S. 135 of Companies Act, 2013 would not apply to earlier years.
DCIT v. Godawari Power & Ispat Ltd. (2018) 68 ITR 19(SN) (Raipur)( Trib)
S. 37(1) : Business expenditure–Provision for warranty claims is allowable expenditure.
GKN Driveline (India) Ltd. v. DCIT (2018) 62 ITR 784 (Delhi)(Trib.)
S. 37(1) : Business expenditure–Capital or revenue-Royalty and logo fees are allowable as revenue expenditure.
GKN Driveline (India) Ltd. v. DCIT (2018) 62 ITR 784 (Delhi)(Trib.)