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-Employees’ Stock option expenses-Allowable as deduction-Donations to charitable institutions-Corporate Social Responsibility expenses-Allowable under section 8OG ]
Dy. CIT v. Motilal Oswal Securities Ltd. (2023)106 ITR 73 (SN) (Mum)(Trib)
S. 37(1) : Business expenditure-Capital or revenue Loan processing charges paid to bank-Loan utilised for business purposes-One-time payment-Not capital expenditure.
Asst. CIT v. Cosmo Films Ltd. (2023)106 ITR 10 (SN)(Delhi) (Trib)
S. 37(1) : Business expenditure-Business as travel agent, tour operator and foreign exchange dealer-Expenditure on video shooting of tourist locations for business purposes-Capitalised in books of account-Allowable as revenue expenditure-Expenses on issue of non-convertible debentures capitalised in books and Not debited to profit and loss account-Debentures issued for meeting working capital requirements-Disallowance to extent of proceeds from debentures used as capital expenditure and allowing balance expenditure is held to be proper.[ S. 145 ]
Asst. CIT v. Alok Kumar Agrawal (2023)106 ITR 12 (SN)(Mum) (Trib)
S. 37(1) : Business expenditure-Capital or revenue-Infrastructure development expenses-Agreement to maintain common facilities and amenities outside property of assessee-Allowable as revenue expenditure even though advantage may endure for indefinite time-Foreign currency fluctuation-No disallowance can be made-Miscellaneous expenses-A corporate entity and Ad hoc disallowance of expenditure is not permissible without pointing out specific defect-Legal expenses for acquisition of plant-Charges towards drafting agreements, resolutions and rendering legal consultancy services relating to plant acquisition-Professional services-Allowable as revenue expenditure. [S. 43A]
Ball Beverage Packaging (India) P. Ltd. v Asst. CIT (2023)106 ITR 6 (SN)(Delhi) (Trib)
S. 37(1) : Business expenditure-The principle of commercial expediency cannot be ignored and must be judged in the context of current socio-economic thinking-Transfer Pricing-Objections raised by Dispute Resolution Panel met by assessee with cogent reasons-Transfer pricing adjustment is not called for. [S. 92C]
Voith Siemens Hydro P. Ltd. v .CIT [2022] 140 taxmann.com 580 / (2023)106 ITR 248/ (Delhi)(Trib)
S. 32 : Depreciation-Rate of depreciation-Computer accessories and peripherals-Entitled to depreciation at higher rate applicable to computers.
Asst. CIT v. Cosmo Films Ltd. (2023)106 ITR 10 (SN)(Delhi) (Trib)
S. 28(i) : Business income-Value of any benefit or perquisites-Converted in to money or not-Profits chargeable to tax-Remission or cessation of trading liability-Settlement of borrowings at lower amount than due-Constitutes waiver of loan-Borrowing and lending not business of assessee-No trading liability-No benefit or perquisite other than in shape of money-Difference between amount due and amount of settlement is not taxable. [S. 28(iv), 41(1)]
Jt. CIT (OSD) v. Runwal Realtors P. Ltd. (2023)106 ITR 342 /226 TTJ 1039/ 156 taxmann.com 404 (Pune) (Trib)
S .14A: Disallowance of expenditure-Exempt income-No dividend income received during year and no exemption claimed-Disallowance not sustainable-Amendment by Finance Act, 2022 . R.8D ]
Citrus Check Inns Ltd. v. Dy. CIT (2023)106 ITR 103 (SN)(Mum) (Trib)
S. 14A : Disallowance of expenditure-Exempt income-No satisfaction is recorded-Disallowance not sustainable. [ R.8D ]
Airmid Developers Ltd. v Dy. CIT (2023)106 ITR 82 (SN)(Mum) (Trib)
S. 12AB: Procedure for fresh registration-Remanded to Commissioner (E) to allow assessee to file requisite details of activities undertaken including audited accounts for financial years 2020-21 and 2021-22 and decide application a fresh.
Prayosha Education Trust v. CIT (2023)106 ITR 42 (SN.)(Surat) (Trib)