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-Provision for expenses-Unascertained liability-Not allowable as deduction.

Dy. CIT (OSD) v. Aspire Systems India P. Ltd. (2024) 110 ITR 1 / 232 TTJ 387 (Trib) (Chennnai)(Trib)

S. 36(1)(vii) :Bad debt-Income pertaining to bad debts written off offered to tax in earlier years-Order of CIT(A) remanding the matter to AO is affirmed.

Dy. CIT (OSD) v. Aspire Systems India P. Ltd. (2024) 110 ITR 1 / 232 TTJ 387 (Trib) (Chennnai)(Trib)

S. 36(1)(va) : Any sum received from employees-Deduction only on actual payment-Contribution to provident fund and Employees’ State Insurance-Payment made beyond due date-Not deductible. [S.2(24(x) 43B]

Dy. CIT (OSD) v. Aspire Systems India P. Ltd. (2024) 110 ITR 1 / 232 TTJ 387 (Trib) (Chennnai)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Interest paid to related parties higher than interest paid to banks-Disallowance is deleted. [S. 37(1)]

Il and Fs Energy Development Ltd. v. Asst. CIT (2024)110 ITR 23 (SN) (Delhi)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Loans given to related parties interest-free-Having sufficient funds to meet investment-Disallowance is deleted.[S.37(1)]

Lakozy Motors P. Ltd. v. Dy. CIT (2024)110 ITR 19 (SN)(Mum)(Trib)

S. 32 : Depreciation-Machine put to use before March 31-Depreciation is allowable.

Yala Construction Co. P. Ltd. v. Add. CIT (2024)110 ITR 1 (SN) (Delhi)(Trib)

S. 32 : Depreciation-Windmill-Expenditure incurred on preparation of land for installation of windmill-Matter remanded

Gujarat State Fertilizers and Chemicals Ltd. v.Dy. CIT (2024) 110 ITR 641 (Ahd)(Trib)

S. 31 : Repairs-Current repairs-Manufacture Of Fertilisers and chemicals-Expenditure on pipelines and fuel burner-Parts of plant and machinery-Parts incapable of independent use-Replacement of parts of machine is current repairs-Expenses allowable as revenue expenditure.[S.37(1)]

Gujarat State Fertilizers and Chemicals Ltd. v. Dy. CIT (2024) 110 ITR 641 (Ahd)(Trib)

S.14A : Disallowance of expenditure-Exempt income-No dividend income earned from investments-No disallowance can be made-The amendment by the Finance Act, 2022 is prospective in nature. [R.8D]

Lakozy Motors P. Ltd. v. Dy. CIT (2024)110 ITR 19 (SN) (Mum)(Trib) Xchanging Technology Services India P. Ltd. v.ACIT (2024)110 ITR 52 (SN)(Delhi)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Administrative expenses-Investment made from assessee’s own Funds-Matter remanded.[S.115J, R.8D]

Gujarat State Fertilizers and Chemicals Ltd. v.Dy. CIT (2024) 110 ITR 641 (Ahd)(Trib)