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. 80GGC : Contribution – Political parties – Payment was made to newspaper for advertisement contending that newspaper was run by political party, matter remanded for verification whether it was donation to political party .
DCIT v. Anjali Hardikar (Smt.) ( (2018) 170 ITD 398 (Pune) (Trib.)
S. 72 : Carry forward and set off of business losses -Speculation losses-There is no bar in adjustment of unabsorbed business losses from speculation profit of current year, provided speculation losses earlier years has been first adjusted from speculation profit. [ S.71 , 73 ]
Edel Commodities Ltd. v. DCIT ( 2018) 170 ITD 402/166 DTR 289/194 TTJ 86 (Mum) (Trib.)
S. 43B : Deductions on actual payment – Service tax – Not deposited with Government before due date of filing of return – Disallowance was held to be justified [ S.139(1) ]
Hemkunt Infratech (P.) Ltd. v. DCIT (2018) 170 ITD 419 / 170 DTR 1/ 195 TTJ 598(Delhi) (Trib.)
S.37(1): Business expenditure -Capital or revenue – Payment of spectrum charges to Department of Telecommunications on quarterly basis is held to be revenue expenditure.[ S.35BB ]
DCIT v. Vodafone Essar Digilink Ltd. (2018) 170 ITD 430 / 193 TTJ 150/ 166 DTR 233/ 64 ITR 392 (Delhi) (Trib.)
S.37(1): Business expenditure -Distribution of gift articles – Accommodation entries- Bogus purchases – Disallowance was restricted to 30 % of the claim .
DCIT v. Laboratories Griffon (P.) Ltd. (2018) 170 ITD 387/ 65 ITR 317 /193 TTJ 855/ ( 2019) 178 DTR 355(Kol) (Trib.)
S.37(1): Business expenditure- Foreign tour expenses of Research manager of export is held to be allowable as the turnover has increased in succeeding years .
DCIT v. Laboratories Griffon (P.) Ltd. (2018) 170 ITD 387/ 65 ITR 317 /193 TTJ 855 ( 2019) 178 DTR 355(Kol) (Trib.)
S.37(1): Business expenditure -Legal expenses – Merely because the payment was made cheque and TDS was deducted expenses cannot be allowed , in the absence of any documentary evidence connecting expenditure incurred for business auxiliary service with business of assessee.
DCIT v. Anjali Hardikar (Smt.) ( (2018) 170 ITD 398 (Pune) (Trib.)
S.37(1): Business expenditure- Professional fees paid to retired employees of assessee who were expert in this field is held to be allowable as deduction .
DCIT v. Laboratories Griffon (P.) Ltd. (2018) 170 ITD 387/ 65 ITR 317/193 TTJ 855/( 2019) 178 DTR 355 (Kol) (Trib.)
S.36(1)(iii): Interest on borrowed capital- Work in progress- Expansion of existing business – interest on capital work-in-progress representing amount incurred on installation of new towers, is held to be not allowable as deduction .Matter was seta side to AO to verify if investment was made from interest free funds no disallowances can be made .
DCIT v. Vodafone Essar Digilink Ltd. (2018) 170 ITD 430 / 193 TTJ 150/ 166 DTR 233 / 64 ITR 392 (Delhi) (Trib.)
S. 36(1)(iii) :Interest on borrowed capital -Interest on loan taken for renovation and modernisation of factory premises is allowable as deduction .
DCIT v. Laboratories Griffon (P.) Ltd. (2018) 170 ITD 387/ 65 ITR 317 /195 TTJ 855/( 2019) 178 DTR 355 (Kol) (Trib.)