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-Capital or revenue-Expenses on product registration and support services, trademark registration-Fees and patent registration fees-Revenue expenditure-Disallowance of expenditure-Exempt income-Book profit-Expenditure on scientific research-Addition is deleted. [S.14A, 28, 35 (2AB), 115JB

Zydus Lifesciences Ltd. v. Dy. CIT (2024)113 ITR 725 (Ahd)(Trib)

S. 37(1) : Business expenditure-Capital or revenue-Depreciation-Manufacturing concern-Expenditure on Jigs and Fixtures-Written off over two years-Capital in nature-Entitled to depreciation. [S. 32]

Bundy India Ltd. v. Dy. CIT (2024)113 ITR 505 (Ahd)(Trib)

S. 37(1) : Business expenditure-Purchase of raw materials-Over-invoicing-Statements of employees not corroborated by facts-Addition is deleted-Bogus purchases-Entire purchase value cannot be added-Profit rate of eight per cent is fair and reasonable-Professional fees-Addition is not valid-Selling and marketing expenses comprising gifts, travelling expenses, hotel expenses and conference registration charges-Board Circular and Medical Council Regulations effective only from 14-12-2009-Sales Promotion expenses incurred prior to that date, not to be disallowed as prohibited by law whether or not including freebies given to doctors-Patient detection and education camp and camp expenses comprising medicine and testing kits, certain instruments purchased as required in medical camps-Incurred for benefit of patients and not doctors-Not to be disallowed–Sponsorship expenses made to trade bodies or associations not been prohibited by Medical Council Regulations-Disallowance is unwarranted-Sponsorship expenses to create brand awareness-Expenses on participation in symposiums and Exhibitions-No bar under Medical Council Regulations on registering at different symposiums, hiring and erecting stalls-Allowable as deduction-Expenses paid to institutions and trade bodies not resulting in benefit to medical Practitioner-Allowable as deduction-Hotel and travelling expenses benefitted doctors and amounting to availing of hospitality from a pharmaceutical company-Hotel expenses and travelling expenses is disallowable–Expenditure incurred for organising conference not freebies-Brand recall purchases-Expenses of nominal value less than Rs. 1,000 on articles with assessee’s name and logo given to customers, retailers, stockists and distributors-Excluded from mischief of medical council regulations-Allowable as deduction-Expenses on journals and periodicals incurred for researching and printing literature or purchasing journals regarding products and its related uses and effects-Allowable as deduction-Reimbursements of local taxi and conveyance expenses incurred by sales employees and staff on their outstation visits-No disallowance can be made-Expenses related to printing of files, folders, pads and pens to be used by field staff and doctors who were attending camps-Allowable as deduction-Expenses on articles and gifts purchased by field staff to be distributed to wholesalers, stockists and business partners-Allowable as deduction Expenses on air tickets of doctors attending conferences-Not allowable a deduction–Ad hoc disallowance-Estimated disallowance of 10 Per Cent. without rejecting books of account or pointing out any defect or omission-Disallowance is not justified-Employees’ Stock Option Plan Expenses-Allowable as revenue expenditure-[S. 37(1) Expln. 1, 69C, Central Board Of Direct Taxes Circular No. 5 Of 2012, Dated 1-8-2012, Medical Council Of India Regulations, 2009]

IPCA Laboratories Ltd. v. Dy. CIT (2024)113 ITR 53 /230 TTJ 409 (Mum)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Advance paid to director-Matter remanded to ascertain availability of sufficient interest-free funds.

Moonlight Properties P. Ltd. v. ACIT (2024)113 ITR 705 (Chd)(Trib)

S. 35AD : Deduction in respect of expenditure on specified business-Star rating-Granted four star rating by Ministry of Tourism after close of assessment proceedings-Certificate furnished during the appellate proceedings before Commissioner (Appeals)-Qualified as a specified business and eligible for deduction.

Khanna Infrabuild P. Ltd. v. Dy. CIT (2024)113 ITR 595/231 TTJ 530 (Chd)(Trib)

S. 28(1) : Business loss-Speculation loss-High seas sales not speculation loss-Allowable as business loss. [S43(5)]

ITO v. M. M. Poonjiaji Spices Ltd. (2024)113 ITR 294 /230 TTJ 312 (Mum)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Disallowance cannot exceed exempt income.[R.8D(2)(ii)]

Plaza Agencies P. Ltd. v. Dy. CIT (2024)113 ITR 71 (SN)(Bang)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Profits earned from firm-Recording dissatisfaction-CIT(A) is not justified in disallowing the disallowance-Company-Book profits-Disallowance is not required to be made. [S. 10(2A),10(34), 115JB(2), R.8D]

Dy. CIT v. Radha Madhav Investments P. Ltd. (2024)113 ITR 76 (SN)(Mum)(Trib)

S. 12AB: Procedure for fresh registration-Provisions Of Section 13 can be invoked only at time of assessment while considering eligibility for exemption and not at time of grant of registration-Order of CIT(E) is set aside and matter remanded for de novo consideration.[S. 11, 12, 12A, 13(3)]

National Real Estate Development Council, Gujarat v. CIT (E) (2024) 113 ITR 63 (SN)(Ahd)(Trib)

S. 12A : Registration-Trust or institution-Donations to charitable institutions-Purchase of land and financial assistance to improve healthcare education and services and to uplift standard of living of Tribals-Order of rejection is set aside-Matter remanded to the CIT(E) to decide a fresh in accordance with law. [S. 12A(1)(ac)(ii), 80G(5)]

Karamshi Jethabhai Somaiya (Delhi) Trust v. CIT (E) (2024)113 ITR 79 (SN)(Delhi)(Trib)