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 –Commission agents – Confirmation and tax was deducted at source- Disallowance on the basis of presumption was held to be not valid

ACIT v. Kiwifx Solutions. (2018) 61 ITR 780 (Ahd) (Trib)

S.37(1): Business expenditure — Capital or revenue-— Expenditure on issue of debentures was held to be allowable as revenue expenditure irrespective of nature of debenture.

CIT v. Modern Threads (I) Ltd. (2018) 400 ITR 381 (Raj) (HC) CIT v. Modern Syntex (2018) 400 ITR 381 (Raj) (HC)

S. 37(1):Business expenditure —Accrual- Enhancement of Licence fee payable to Railways in the year in which payment was issued .

CIT v. Jagdish Prasad Gupta. (2018) 400 ITR 583 (Delhi) (HC)

S. 37(1) : Business expenditure – Capital or revenue -Non compete fee was held to be capital in nature

GKN Driveline India Ltd. v. CIT (2018) 252 Taxman 297 / 169 DTR 360(Delhi)(HC)

S. 37(1):Business expenditure — Expenditure in excess of 6 Per cent. of initial issue expenses of asset management company was held to be deductible. Expenditure relating to Information Technology Infrastructure was also held to be allowable . [Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 R. 52 ]

CIT v. Ing Investment Management (India) P. Ltd. (2018) 401 ITR 405 (Bom) (HC)

S. 37(1) : Business expenditure -Interest on overdue deposit on overdue deposits is ascertained liability hence allowable as deduction .

Oriental Bank of Commerce v. A CIT (2018) 401 ITR 65/ 162 DTR 257 /254 Taxman 197/ 304 CTR 363 (Delhi) (HC)

S. 37(1) : Business expenditure –Capital or revenue – Membership fee paid to National Stock Exchange for procurement of permanent right in form of licence to carry on trade was held to be capital in nature .

Abhipra Capital Ltd. v. DCIT (2018) 402 ITR 1/ 254 Taxman 19/ 164 DTR 250/ 303 CTR 534 (Delhi) (HC)

S. 37(1) : Business expenditure – Expenditure on levelling of land was held to be allowable – Presumption applies only to the extent of documents seized [ S.132(4A ]

CIT v. Damac Holdings Pvt. Ltd. (2018) 401 ITR 495/253 Taxman 123 (Ker) (HC)

S. 36(1)(vii) :Bad debt -Amounts written off was held to be allowable as deduction.

ACIT v. Claridges Hotels Pvt. Ltd. (20180 61 ITR 135 (Delhi) (Trib)

S. 36(1)(vii): Bad debt -Amount written in books of account although the entry was back dated was held to be allowable as deduction .

DCIT v. Associated Pigments Ltd. (2018) 61 ITR 553 (Kolk) (Trib)