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-Warranty expenses-In terms of tripartite agreement entered into between assessee, a Russian company and Indian Air Force, assessee had to supply engines of aircrafts to Indian Air Force manufactured by Rusian company-warranty in respect of engines so supplied was responsibility of assessee for a specified period- Warranty expenses is held to be allowable.

Indo Russian Aviation Ltd. v. ACIT (2018) 173 ITD 597/ 196 TTJ 656 (Pune)(Trib.)

S. 37(1) : Business expenditure-Sales promotion expenses-When all relevant details for sales promotion expenses was filed, without verifying veracity of said expenses under S 133(6) and 131 , disallowance cannot be made. [S. 131, 133(6)]

ACIT v. Overseas Trading and Shipping Co. (P.) Ltd. (2018) 173 ITD 446 (Rajkot)(Trib.)

S. 37(1) : Business expenditure-Commission–Prior period expenditure -Expenditure for earlier year in its ledger account in respect of commission pertaining to current year-Merely on the basis of entries in books of account disallowance cannot be made . [S. 145]

ACIT v. Overseas Trading and Shipping Co. (P.) Ltd. (2018) 173 ITD 446 (Rajkot)(Trib.)

S. 37(1) : Business expenditure-Provision for development expenses -Consistent accounting pattern-Held to be allowable. [S. 145]

Saamag Developers (P.) Ltd. v. ACIT (2018) 173 ITD 350 (Delhi) (Trib.)

S. 37(1) : Business expenditure-Setting up of business-Service industry for manging mutual funds-Upon its incorporation, assessee took various steps to commence its business such as hiring of people application to SEBI, organizing for space etc, and this amounted to setting up business- Expenses are allowable.

Pinebridge India (P.) Ltd. v. ACIT (2018) 173 ITD 341 / 196 TTJ 1 (UO)/ 67 ITR 74 (SN)(Mum.)(Trib.)

S. 37(1) : Business expenditure-Dormant-Society which was engaged in business of electricity distribution under license issued by State Government – License granted to assessee was expired-licence was not renewed–No intention to discontinue of business- temporary phenomenon and assessee would resume business soon after license was renewed-Expenditure claimed by assessee were allowable business expenditure. [S. 28(i), 70, 72]

Mula Pravara Electric Co-op. Society Ltd. v. DCIT (2018) 173 ITD 313/( 2019) 175 DTR 273 (Pune)(Trib.)

S. 37(1) : Business expenditure-Company–Corporate status -employee benefits, finance costs and administrative and other expenses cannot be disallowed as the said expenditure were necessary to maintain its corporate status.

T.A. Taylor (P.) Ltd. v. ACIT (2018) 173 ITD 237/66 ITR 146 (Chennai) (Trib.)

S. 37(1) : Business expenditure–Travel expenses-Ad hoc disallowance- Company–Directors-No ad hoc disallowance can be made in respect of use of vehicles by directors of company was unjustified for alleged personal use by the directors.

Seal For Life India (P.) Ltd. v. DCIT (2018) 173 ITD 229 /( 2019) 197 TTJ 742/ 174 DTR 281(Ahd.) (Trib.)

S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts – Schedule bank – Claim which is disallowed as bad debt cannot be allowed in the absence of provision made for the same in profit and loss account under bad debt. [S. 36(1)(viii)]

Jila Sahakari Kendriya Bank Maryadit v. DCIT (2018) 173 ITD 211 / 66 ITR 73 (SN)/ ( 2019) 197 TTJ 851 (Indore)(Trib.)

S. 32 : Depreciation-Charitable trust-Amendment in S.11(6) is prospective and applicable for and from 2015-16 onwards- Depreciation is allowable on assets even though cost of same was allowed as application. [S. 11(6)]

MAJ Hospital v. DCIT (2018) 173 ITD 554 / 196 TTJ 1149/(2019) 173 DTR 236 (Cochin)(Trib.)