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. 115JB : Book profit-Disallowance under substantive provision i.e. section 14A had been deleted by Tribunal is affirmed by High Court-SLP of Revenue is dismissed. [S. 14A, 260A, R.8D, Art. 136]

PCIT, Central v. Shapoorji Pallonji and Co. Ltd. (2024) 300 Taxman 182 (SC) Editorial : PCIT, Central v. Shapoorji Pallonji and Co. Ltd. (2024) 164 taxman.com 707 (Bom)(HC)

S. 43B : Certain deductions only on actual payment-LIC Mutual Fund purchased unsecured debentures of assessee-company-Interest on unsecured debenture payable by assessee to LIC Mutual Fund is not covered by section 43B-Allowable as deduction.[S. 37(1), Companies Act 1956, S.4A, The Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 (SEBI Mutual Funds Regulations), clause 2(q), Life Insurance Corporation Act, 1956. S. 3, Indian Trust Act, 1882, S.6]

V2 Retail Ltd. v. Dy. CIT (2024) 300 Taxman 575 (Cal.)(HC)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Salary-Order giving effect to the order of Tribunal-Once Tribunal had accorded relief to assessee on account of payment of salary to expatriate employees in foreign currency and outside India, deduction was liable to be allowed by Assessing Officer-DTAA-India-Japan.[S. 254(1, Art. 7, Art. 226]

MUFG Bank Ltd v.ACIT (2024)300 Taxman 424 (Delhi)(HC)

S. 37(1) : Business expenditure-Capital or Revenue-Lease hold building-Failure to produce any material-Capital expenditure-Depreciation is allowed. [S. 32(1), Explanation.]

Hotel Allied Trades (P.) Ltd. v. Addl. CIT (2024) 300 Taxman 61 (Ker)(HC)

S. 37(1) : Business expenditure-Compensation-Subsidiaries-Captive use-Allowable as revenue expenditure.[S. 260A]

PCIT v. Industrial Development Corporation of Orissa Ltd(2023) 147 taxmann.com 298 (Orissa)(HC) Editorial : SLP of Revenue is dismissed, as there was delay of 526 days, delay was not properly explained, PCIT v. Industrial Development Corporation of Orissa Ltd. (2024) 300 Taxman 603 (SC)

S. 37(1) : Business expenditure-Capital or revenue-Pre operative expenditure-purchase and erection of plant and machinery-Allowable as revenue expenditure-Allowed earlier years and latter years-Rule of consistency is followed. [S. 145, 260A]

Raymond Ltd. v. CIT (2024) 300 Taxman 323 (Bom.)(HC)

S. 37(1) : Business expenditure-Capital or revenue-Corporate Social Responsibility (CSR)-Amendment is not retrospective-Explanation 2 was inserted by the Finance Act, 2014 with effect from April 1, 2015 to section 37(1) of the Income-tax Act, 1961 and is prospective-SLP of Revenue is dismissed.[Art. 136]

PCIT v. Steel Authority of India Ltd. (2024) 300 Taxman 593 (SC) Editorial : PCIT v. Steel Authority of India Ltd(2023) 148 taxmann.com 132/ 455 ITR 139 (Delhi)(HC)

S. 37(1) : Business expenditure-Compensation-Subsidiaries-Captive use-Delay of 526 days-SLP of Revenue is dismissed.[Art. 136]

PCIT v. Industrial Development Corporation of Orissa Ltd. (2024) 300 Taxman 603 (SC) Editorial : PCIT v. Industrial Development Corporation of Orissa Ltd(2023) 147 taxmann.com 298 (Orissa)(HC)

S. 37(1) : Business expenditure-Capital or revenue-Software development-Allowable as revenue expenditure-SLP of Revenue expenditure.[Art. 136]

PCIT v. Adadyn Technologies (P.) Ltd. (2024) 300 Taxman 112 (SC) Editorial : PCIT v. Adadyn Technologies (P.) Ltd. (2024) 162 taxmann.com 666 (Karn)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Own interest free funds-Order of Tribunal deleting the disallowance is affirmed.[S.260A]

PCIT, Central v. Shapoorji Pallonji and Co. Ltd. (2024) 164 taxman.com 707 (Bom)(HC) Editorial : SLP of Revenue is dismissed, PCIT, Central v. Shapoorji Pallonji and Co. Ltd. (2024) 300 Taxman 182 (SC)