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 –Goods destroyed by order of Court order in terms of provisions of prevention of Food Adulteration Act cannot be allowable as business expenditure in view of Explanation to S. 37(1) [ Prevention of Food Adulteration Act , 1954 ]

ACIT v. Vishnu Packaging. (2018) 168 ITD 103/191 TTJ 468 / 161 DTR 201 (Ahd) (Trib.)

S. 37(1) : Business expenditure -Freight expenses cannot be disallowed on the ground that no subsidiary ledger was maintained .

DCIT v. Narayani Ispat Pvt. Ltd. (2018) 61 ITR 371 (Kol) (Trib)

S. 37(1) : Business expenditure – Interest for delay in making payment of Service tax and Tax deducted at source being compensatory in nature and not penalty in nature was held to be allowable deduction.

DCIT v. Narayani Ispat Pvt. Ltd. (2018) 61 ITR 371 (Kol) (Trib)

S. 37(1): Business expenditure —Subscriptions in the nature of annual membership was held to be allowable .

Mahanadi Coalfields Ltd. v. DCIT (2018) 61 ITR 585 (Ctk) (Trib)

S. 37(1):Business expenditure — Capital or revenue -Development expenditure — Depreciation was held to be allowable at 10% and balance was held to be disallowable [ S. 32 ]

Mahanadi Coalfields Ltd. v. DCIT (2018) 61 ITR 585 (Ctk) (Trib)

S. 37(1): Business expenditure — Advertising company — Purchase of Angles and channels was held to be allowable as deduction .

DCIT v. Vantage Advertising P. LTD. (2018) 61 ITR 564 (Kol) (Trib)

S. 37(1): Business expenditure — Commission crystallised relevant year , therefore allowable as deduction

DCIT v. Associated Pigments Ltd. (2018) 61 ITR 553 (Kol) (Trib)

S.37(1): Business expenditure — Contribution to staff welfare fund was held to be allowable expenditure.

ITO v. West Bengal Tourism Development Corporation Ltd. (2018) 61 ITR 728 (Kol) (Trib)

S.37(1): Business expenditure -Discount on shares allotted by assessee to its employees under ESOP scheme out of its share capital is an allowable deduction .

DCIT v. Kotak Mahindra Bank Ltd. (2018) 168 ITD 529 (Mum) (Trib.)

S.37(1): Business expenditure -Premium paid for Keyman Insurance was allowable in year in which premium was paid.

ACIT v. K.R. Kaviraj. (2018) 168 ITD 491 (Bang) (Trib.)