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. 80IC : Special category States-substantial expansion-Entitle to deduction. [S. 80IB (5), 80IC(7)]

Friends Alloys v. ACIT (2018) 163 DTR 273 / 192 TTJ 494 (Chd.)(Trib.)

S. 44 : Insurance business-Sale of investments-Held to be taxable. [S. 14A]

Cholamandalam Ms General Insurance Company Ltd. v. ACIT . (2018) 170 DTR 22 / 195 TTJ 166 (Chennai) (Trib.)

S. 40A(2) : Expenses or payments not deductible–Excessive or unreasonable–Rent-No written agreement-Both are paying same rate of taxes-Revenue neutral- No disallowance can be made– Rent paid to sister concern–Matter remanded for verification.

Firstsource Solutions Ltd. v. Dy.CIT (2018) 168 DTR 161 / ( 2019) 197 TTJ 486 (Mum.)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident–Re-insurance Premium-Profit of non-resident re-insurance company was taxable in India-liable to deduct tax. [Insurance Act 1938, S.2(9),114A ]

Cholamandalam Ms General Insurance Company Ltd v. ACIT (2018) 170 DTR 22 / 195 TTJ 166 (Chennai)(Trib.)

S. 37(1) : Business expenditure-Compensation payable-Unascertainable liability-Not allowable as deduction.[S. 145]

Cholamandalam Ms General Insurance Company Ltd. v. ACIT (2018) 170 DTR 22 / 195 TTJ 166 (Chennai)(Trib.)

S. 37(1) : Business expenditure-Provision of various expenses- Following the rule of consistency and accounting principle– Addition was deleted. [S. 145]

Firstsource Solutions Ltd. v. Dy.CIT (2018) 168 DTR 161 /( 2019) 197 TTJ 486(Mum.)(Trib.)

S. 37(1) : Business expenditure–Apportionment of expenses–STP unit and non -STP unit–Matter remanded.

Firstsource Solutions Ltd. v. Dy. CIT (2018) 168 DTR 161/( 2019) 197 TTJ 486 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Demurrage charges-Held to be allowable-Corporate responsibility and expenditure commission- Held to be not allowable as no details were filed.

NMDC Ltd. v. Dy. CIT (2017) 190 TTJ 757 / (2018) 162 DTR 114 (Hyd.) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Finance cost-Advertising agency-Held to be not allowable as revenue expenditure as no business income was earned from advertising business or real estate business during the year. [S. 37(1)]

Dheeraj Consultancy (P) Ltd. v. ACIT (2018) 168 DTR 52 / 193 TTJ 638 (Mum.)(Trib.)

S. 12A : Registration–Trust or institution-Proviso to S.12A(2) which was added by Finance Act, 2014 shall be retrospective in operation-Entitled to get benefit of registration, [S.10(23C) (iiiad), 10(23C)(vi), 12AA]

Sai Wiran Wali Educational Trust. (2018) 170 DTR 337 / 195 TTJ 956 (Asr.)(Trib.)