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 –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)

S. 36(1)(iii): Interest on borrowed capital —Interest free fund was used for purchase of land and construction of godown hence interest paid on borrowed capital was held to be allowable .

DCIT v. Incite Homecare Products (P.) Ltd. (2018) 61 ITR 94 (Chd.) (Trib)

S. 36(1)(iii) :Interest on borrowed capital -Investment in subsidiaries- Nexus was established -Interest was held to be allowable deduction.

ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)

S. 36(1)(iii) :Interest on borrowed capital -Having its own capital at end of financial year relevant assessment year for advancing money for not charging interest , interest payment cannot be disallowed .

DCIT v. Narayani Ispat Pvt. Ltd. (2018) 61 ITR 371 (Kolk) (Trib)

S. 36(1)(iii) :Interest on borrowed capital – Advance to director for the purpose of business- Disallowance of interest cannot be made .

CIT v. Mira Exim Ltd. (2018) 400 ITR 28 (Delhi) (HC)

S. 36(1)(iii) :Interest on borrowed capital – Borrowings for expansion of business, interest was held to be allowable as deduction-Amendment to S.36,with effect From 1-4-2004 is prospective and not retrospective.[ S. 37(1) ]

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

S. 36(1)(iii):Interest on borrowed capital — Interest free advances out of surplus funds hence interest was held to be allowable .

PCIT v.Sahjanand Laser Technology Ltd. (2018) 401 ITR 478 (Guj) (HC)