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)(ia) : Amounts not deductible-Deduction at source-Cash credits-Service tax out standing-Additional evidence is admitted-Matter is remanded for fresh adjudication. [S.43B, 68, 145A(ii), Form No 26A]
Casa Grande Civil Engineering P. Ltd. v. Jt. CIT (OSD) (2024)110 ITR 65 (SN)(Chennai)(Trib)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Services rendered out side India-Not liable to deduct tax at source-Order of CIT(A) deleting the addition is affirmed. [S.9(1)(vii), 195]
Dy. CIT (OSD) v. Aspire Systems India P. Ltd. (2024) 110 ITR 1 / 232 TTJ 387 (Trib) (Chennnai)(Trib)
S. 37(1) : Business expenditure-Commission-Allowable as business expenditure-Sponsorship of festival-Nothing to prove connection with the business-Disallowance is affirmed.
Yala Construction Co. P. Ltd. v. Add. CIT (2024)110 ITR 1 (SN) (Delhi)(Trib)
S.37(1): Business expenditure-Commission-Not related party-Higher commission-Disallowance is deleted.
Srinathji Yamunaji Enterprises v ITO (2024) 110 ITR 63 (SN) (Mum)(Trib)
S. 37(1) : Business expenditure-Business promotion expenses-Expenditure on medical camps Expenditure prohibited by law-Travel expenses-Expenditure incurred for business trips of partner of firm-Matter remanded to the file of the Assessing Officer
Med-Link Devices P. Ltd. v. Dy. CIT (2024)110 ITR 3 (SN)(Mum) (Trib)
S.37(1): Business expenditure-Sales promotion expenses-Disallowance is restricted to 15% based on earlier year.
Lakozy Motors P. Ltd. v. Dy. CIT (2024)110 ITR 19 (SN)(Mum)(Trib)
S.37(1): Business expenditure-Payments for medical treatment of director of assessee abroad-Produced board resolution approving treatment and return of chairman declared the amount as perquisite-Matter restored to the file of Assessing Officer for verification-Offence-Payment of interest on customs duty on direction of Supreme Court-Allowable as deduction-Delayed payment of contributions to provident fund-Not allowable as deduction. [S.36(1)(va), 37(1), Expl.1]
Pennar Industries Ltd. v Dy. CIT (2024)110 ITR 74 (SN) (Hyd)(Trib)
S. 37(1) : Business expenditure-Repairs and Maintenance-Sales promotion-Disallowance on basis of percentage increase in expenditure in comparison to preceding year-Fallacious assumption-Disallowance is not justified.
Casa Grande Civil Engineering P. Ltd. v. Jt. CIT (OSD) (2024)110 ITR 65 (SN)(Chennai)(Trib)
S. 37(1) : Business expenditure-Capital or revenue-Expenditure relating to abandoned projects-Projects linked to existing business-Amounts written off-Allowable as revenue expenditure.
Gujarat State Fertilizers and Chemicals Ltd. v.Dy. CIT (2024) 110 ITR 641 (Ahd)(Trib)
S. 37(1) : Business expenditure-Donation to trust for construction of statue of Sardar Vallabhai Patel former statesman-Enhancing brand value-Allowable as business expenditure.[S.80G]
Gujarat State Fertilizers and Chemicals Ltd. v.Dy. CIT (2024) 110 ITR 641 (Ahd)(Trib)