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. 36(1)(iii) :Interest on borrowed capital-Real estate business-Borrowed capital not shown to be utilised for acquiring new unit, land or capital asset-Interest allowable as deduction. [S.43B]

Dy. CIT v. BPTP Ltd. (2023)107 ITR 75 (SN)(Delhi)(Trib)

S. 36(1)(iii) : Interest on borrowed capital-Advances to sister concerns-Interest-free funds available with assessee Presumption that advances were out of interest-free funds-Commercial expediency-Disallowance is not justified.

Dy. CIT v. Agni Estates And Foundations P. Ltd. (2023)107 ITR 91 ((SN.)(2024) 204 ITD 249 (Chennai)(Trib)

S. 36(1)(iii) : Interest on borrowed capital-Investment in subsidiary-Commercial reasons-Disallowance of proportionate interest not warranted-Failure by authorities to consider suo motu disallowance made by assessee-Matter remanded. [S. 14A]

Living Media India Ltd. v. Asst. CIT (2023)107 ITR 80 (Delhi) (Trib)

S. 35 : Expenditure on scientific research-Submitted tabulation form regarding deduction of expenses-Matter remanded.

Electronica Machine Tools Ltd. v. Dy. CIT (2023)107 ITR 24 (SN) (Pune) (Trib)

S. 23 : Income from house property-Annual value-Interest on borrowed to acquire property-Directed to allow deduction-Interest-Free Security Deposit-Notional Interest on interest-Free Security deposit could not be added to annual letting value of property. [S. 22, 24 (a)]

Gurpreet Singh Dhillon v. Asst. CIT (IT) (2023)107 ITR 55 (SN)(Delhi) (Trib)

S.14A : Disallowance of expenditure-Exempt income-Investment held as stock-in-trade-Disallowance is restricted to exempt income. [R.8D]

Wealth First Portfolio Managers P. Ltd. v. Dy. CIT (2023)107 ITR 14 (SN)(Ahd)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance is restricted to extent of exempt income earned.[R.8D]

Electronica Machine Tools Ltd. v. Dy. CIT (2023)107 ITR 24 (SN) (Pune)(Trib.)

S.14A : Disallowance of expenditure-Exempt income-Disallowance can be inly in respect of investments which yield exempt income [R.8D(2) (iii)]

EDC Ltd. v. Asst. CIT (2023)107 ITR 409 (Panaji) (Trib.)

S. 12AB: Procedure for fresh registration-Commissioner (E) did not specifically pointing out which specific details called for were Not filed by assessee-Matter restored to Commissioner (E) for de novo consideration.

Shree Uttar Gujarat Panchgam Leuva Patidar Samajik Parishad v CIT (2023)107 ITR 12 (SN.)(Ahd) (Trib)

S. 12AB : Procedure for fresh registration-Assessee should be given one more chance to contest-Matter remanded. [S.10AB, 12A]

Noble Kingdom Public School Shiksha Samiti v.CIT (E) (2023)107 ITR 488 (Jaipur) (Trib)