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.40(a)(i): Amounts not deductible- Payment to non –resident -Proviso amended by Finance (No.2) Act, 2004 is not applicable for year 2002-03, hence not liable to deduct tax at source [S.9(1)(i),195 ]
DCIT v. Hazaria Cryogenic Engineering & Construction Management (P.) Ltd. (2018) 168 ITD 568 (Mum) (Trib.)
S. 37(1): Business expenditure -Bogus purchase -Restriction of profit rate of 12.5% per. cent. of bogus purchases was held to be proper.
CIT v. Shekhar M. Kharote. (2018) 61 ITR 182 (Mum) (Trib)
S.37(1): Business expenditure — Bogus purchases —Civil contractor – Merely on the basis of information form sales tax department purchases cannot be disallowed without giving an opportunity of cross examination .
ACIT v. Pinaki D. Panani. (Smt.) (2018) 61 ITR 7 (Mum) (Trib)
S. 37(1): Business expenditure — Civil contractor — Purchases- No defects was found in the books of account – No disallowance can be made [ S. 145 ]
DCIT v. IHR Associates. (2018) 61 ITR 70 (Chd) (Trib)
S.37(1): Business expenditure — Ad hoc disallowance was held to be not sustainable .
ACIT v. Claridges Hotels Pvt. Ltd. (20180 61 ITR 135 (Delhi) (Trib)
S. 37(1) : Business expenditure – Deep excavation and road work related to mining operation was held to be allowable deduction. Miscellaneous capital expenditure was held to be not allowable .
ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)
S. 37(1) : Business expenditure -Godown rent, travelling expenses was held to be allowable as deduction.
ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)
S. 37(1) : Business expenditure -Reversal of excess income booked earlier year was held to be allowable as deduction .
ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)
S. 37(1) : Business expenditure -Donation to trust was held to be allowable as deduction.
ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)
S. 37(1) : Business expenditure -Club expenses of employees was held to be allowable as business expenditure .
ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)