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
Click here to download the pdf versions of the Digest of case laws

S.43B: Deductions on actual payment – Deductions under the section for interest paid on loans to banks are allowable if the payments are made by the due date for filing income tax returns. [S.37(1), 139(1)]

Urjaa Metalics P. Ltd. v. Asst. CIT [2024] 109 ITR 59(SN) (Delhi)(Trib)

S. 36(1)(iii) :Interest on borrowed capital – Addition made are unjustified as the balances reflect business transactions, & not loans and advances. [S.37(1)]

Asst. CIT v. Sahara India Financial Corpn. Ltd. [2024] 109 ITR 33 (SN) (Delhi) (Trib)

S. 35DD: Amortisation of expenditure -Amalgamation -merger expenses -whether the year in which the High Court order was received can be treated as the 1st year from which the merger expenses can be claimed u/s 35DD and allow to claim the said expenses in next 4 AYs -Held yes.

United Spirits Ltd. v. Jt. CIT [2024] 109 ITR 37 (SN) (Mum)(Trib)

S. 32 : Depreciation -Goodwill -an intangible asset, qualifies for depreciation under the section, in acknowledgment of its value and impact on a company’s financial performance.

S & P Capital IQ (India) P. Ltd. v. Asst. CIT [2024] 109 ITR 56 (SN)/ 205 ITD 217 (Hyd) Trib)

S. 28(i) : Business loss Bad debt – Non-recovery of part of an amount advanced towards purchase of property -Written off in profit and loss account and claimed as deduction while computing income –business loss.[S. 36 (1)(vii), 37(1)]

Biltech Engineers P. Ltd. v. Asst. CIT [2024] 109 ITR 9(SN) (Raipur)(Trib)

S. 14A : Disallowance of expenditure -Exempt income – The provisions of the section are not applicable when the Assessee has not claimed any exempt income.[R. 8D]

Asst. CIT v. Sahara India Financial Corpn. Ltd. [2024] 109 ITR 33 (SN) (Delhi) (Trib)

S. 14A: Disallowance of expenditure -Exempt income -Not recording of satisfaction- Disallowance is not justified.[R.8D]

Leela Devi Sankhlecha (Smt.) v. ITO [2024] 109 ITR 260 (Jodhpur) (Trib)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions – The transaction for purchase of land was a genuine and commercial transaction therefore, the provisions outlined in section 13(2)(a) do not apply to it. [S.11, 12A, 13(1)(c), 13(2)(a)]

Rastogi Education Society v. ITO (E) [2024] 109 ITR 63 (SN.)/ 161 taxmann.com 220 (Raipur)(Trib)

S. 12A : Trust or institution -Registration -Insufficient time to responded to notice -Violation of the fundamental principles of natural justice- The ITAT also set aside the order rejecting the application u/s 80G (5) and directed the CIT (E) to decide the application afresh in accordance with law. [S.12AB 80G(5), Form No. 10A]

Chaitanya Goshala Trust v. CIT (E) [2024] 109 ITR 54 (SN) (Pune) (Trib)

S. 11 : Property held for charitable purposes – Application of income -Expenses incurred on the repairs or renovation of its assets used for charitable purposes are also considered as income application towards the charitable aims. [S. 11(1)(a), 12A]

Bombay Society of the Salesian Sister India v. ITO [2024] 109 ITR 44 (SN) (Mum)(Trib)