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 – Deduction at source – Expenses on maintenance of aircraft contract to foreign company – payments business receipts not taxable in India – Not liable to deduct tax at source. [ S.195 ]
DHL Air Limited v. Dy. CIT(IT) (2018) 63 ITR 149 (Mum.)(Trib.)
S. 40(a)(i): Amounts not deductible – Deduction at source -Non-resident – legal and professional services -Not liable to deduct tax at source- DTAA-India -USA [S.195 , Art.15]
DLF Limited v. Addl. CIT (2018) 63 ITR 22 (Delhi) ( Trib)
S.37(1) : Business expenditure – Subsidiary company – Gratuity and leave wages of employees – Deduction cannot be allowed in two entities -Matter remanded to the AO.
Oricon Enterprises Ltd. v. ACIT (2018) 170 ITD 231 (Mum)(Trib.)
S.37(1) : Business expenditure -Trust – No authorization in trust deed to pay remuneration – Remuneration paid by trust to its employees is not allowable .
Shalom Charitable Ministries of India v. ACIT (2018)171 ITD 338/195 TTJ 340/( 2019) 177 DTR 22 (Cochin)(Trib.)
S.37(1) : Business expenditure – Self made vouchers- Disallowance of 20% amount towards self made vouchers is justified.
Shalom Charitable Ministries of India v. ACIT (2018) 171 ITD 338/ 195 TTJ 340 /(2019) 177 DTR 22(Cochin) (Trib.)
S. 37(1) : Business expenditure -AO disallowed expenses on account of business promotion and vehicle maintenance on estimate basis without bringing any cogent material on record for disallowing expenses
ACIT v. Mohinder Kumar Jain (2017) 62 ITR 176 (Delhi) ( Trib.)
S. 37(1): Business expenditure –Compelled to make cash payments to labourers at work sites in remote areas, genuineness of expenditure could not be doubted. However, where no proper documentation or bills or vouchers were maintained, disallowance was to be restricted to 10 percent of the total claim .
Anil Contractors P. Ltd. v. DCIT (2018) 63 ITR 4(SN) (Cuttack) ( Trib)
S. 37(1): Business expenditure – Club subscription fees were incurred for holding meetings with senior doctors, for upgradation of skills, such expenses were to be allowed as business expenditure .
Amit Ghose v. DCIT (2018) 63 ITR 44 (SN)(Kol) ( Trib)
S. 37(1): Business expenditure – Dinner expenses and gift expenses were incurred while holding meetings in hotel with senior doctors, for upgradation of skills and discussion of latest techniques and methods, such expenses were to be allowed as business expenditure
Amit Ghose v. DCIT (2018) 63 ITR 44 (SN)(Kol) ( Trib)
S. 37(1): Business expenditure –Advertisement and publicity expenses were incurred for dissemination of knowledge for public at large, such expenses were to be allowed as business expenditure .
Amit Ghose v. DCIT (2018) 63 ITR 44 (SN) (Kol) ( Trib)