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–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.)

S. 37(1) : Business expenditure–Capital or revenue-Software-License fee connectivity charges and coordination charges is allowable as revenue expenditure

DCIT v. G.E. Capital Business Process Management Services Pvt. Ltd. (2017) 51 CCH 158 / 63 ITR 337 (Delhi)(Trib.)

S. 36(1)(va) : Any sum received from employees – Provident fund and employees State Insurance -Allowable as deduction though the amount was deposited after the due date but before the due date of filing of return. [S. 43B, 139(1)]

DCIT v. Godawari Power & Ispat Ltd. (2018) 68 ITR 19 (SN) (Raipur)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Interest paid on loan borrowed for renovation and modernization in assessee’s factory premises-Allowable as deduction.

Laboratories Griffon (P) Ltd v.Dy .CIT (2018) 170 ITD 387 /65 ITR 317 / 193 TTJ 855/( 2019) 178 DTR 355 (Kol) (Trib.)

S 32 : Depreciation–Paper Brand-Trade marks -Intangible assets -Eligible depreciation.[S. 32 (1)(ii)]

DCIT v. Kuantum Papers Ltd. (2018) 62 ITR 439 (Delhi)(Trib.)

S. 28(i) : Business loss-Write off of advances made for running and development of business is held to be allowable as deduction. [S. 37(1)]

Mahindra & Mahindra Ltd. v. Dy.CIT (2018) 193 TTJ 618 (Mum.)(Trib.)