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-Salary to employees-No disallowance was proposed in the show-cause notice-Order of CIT(A) deleting the disallowance was affirmed.

ITO v. Rajeshkumar Rameshchandra Shah. (2025) 214 ITD 725 (Ahd) (Trib.)

S.37(1): Business expenditure-Insurance premium-Loan to firm on an insurance policy on the life of one of its partners-Insurance premium paid allowable as a deduction.

Pankaj Enterprises. v. DCIT (2025) 214 ITD 702 (Mum) (Trib.)

S.37(1): Business expenditure-Setting up of business-Power Purchase Agreement-Expenditure incurred for the purpose of business after setting up of business was allowable for deduction.

Shapoorji Pallonji Energy (Gujarat) (P) Ltd. v. DCIT (2025) 214 ITD 297 (Mum) (Trib.)

S.37(1): Business expenditure-towards Employee Stock Option Plan (ESOP)-International Stock Ownership Plan (ISOP)-Paid to parent company-Allowable as deduction.

Procter & Gamble Hygiene and Health Care Ltd v. NFAC (2025) 214 ITD 315 (Mum) (Trib.)

S. 36(1)(viii): Eligible business-Special reserve-Minimum alternate tax-Taxable in the year in which the amount is withdrawn from such reserve-Amount transferred to reserve under section 36(1)(viii) shall not be included in book profit under section 115JB.[S.115JB]

SREI Equipment Finance Ltd. v. CIT (Appeals) (2025) 214 ITD 769 (Kol) (Trib.)

S. 36(1)(vii): Bad debt-Subsidy-Offered as income in earlier years-Unrecoverable subsidy allowable as bad debt.

Indian Potash Ltd. v. DCIT (2025) 214 ITD 121 (Delhi) (Trib.)

S. 36(1)(va): Any sum received from employees-Deposited ESI contribution on 16-10-2017 for September 2017, when the due date was 15-10-2017, which happened to be a public holiday, i.e., Sunday-One day delay on account of a public holiday-Allowable deduction. [S.43B General Clauses Act, 1897, S.10]

SREI Equipment Finance Ltd. v. CIT (Appeals) (2025) 214 ITD 769 (Kol) (Trib.)

S. 36(1)(iii): Interest on borrowed capital-sufficient non-interest-bearing funds–car loan–disallowance of interest is not justified.

Patidar Builder (P.) Ltd. v. Assessing Officer (2025) 214 ITD 77 (Indore) (Trib.)

S. 32: Depreciation-Goodwill-Intangible asset-Purchased goodwill as it involves cost and is recognised as an intangible asset in accounting in the successor company-Depreciation allowable.[S. 55]

Sagarlaxmi Agriseeds (P) Ltd. v. ACIT (2025) 214 ITD 204 (Ahd) (Trib.)

S. 32: Depreciation-Carry forward and set off-Unabsorbed depreciation as current year’s depreciation-Set-off against income under any head, including income from other sources-Provision does not mandate that business be carried on in relevant year, nor limit adjustment to business income.[S. 32(2), 72]

Parshwanath Land Organisers LLP. v. ITO (2025) 214 ITD 173 (Ahd) (Trib.)