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
Click here to download the pdf versions of the Digest of case laws
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-Fes for technical services-Transponder fee and uplinking charges-Payment was not made for right to use any industrial, commercial or scientific equipment-Payment would not fall within ambit of royalty-Not liable to deduct tax at source-DTAA-India-USA [S.9(1)(vi), 9(1)(vii), Art. 12]
Taj TV Ltd. v. DCIT IT (2024) 204 ITD 50 (Mum)(Trib.)
S. 37(1) : Business expenditure-Capital or revenue-Land development expenditure is allowable as revenue expenditure.
DCIT v. Adani Mining (P.) Ltd. (2024) 204 ITD 269 (Ahd) (Trib.)
S. 37(1) : Business expenditure-Penalty-Prior period expenses-Crystallized in year under consideration-Breach of contract-Can not be equated with offence, or something prohibited by law-Entitle to deduction. [Explanation to section 37, S. 145]
ACIT v. Chittorgarh Kota Tollway (P.) Ltd. (2024) 204 ITD 223 (Ahd)(Trib.)
S. 36(1)(iii) :Interest on borrowed capital-Interest free advances-Sufficient funds-No disallowance can be made.
PNP Maritime Services (P.) Ltd. v. DCIT (2024)204 ITD 810 /231 TTJ 31 (Mum) (Trib.)
S. 36(1)(iii) :Interest on borrowed capital-Interest-Banks and Public Financial institutions-Treatment in books of account-Allowable as deduction in the year in which the payment is made irrespective of its treatment in books of account. [S. 43B, 145]
DCIT v. BPTP Ltd. (2024) 204 ITD 41 (Delhi) (Trib.)
S. 32 : Depreciation-Additional depreciation-Business is commenced in earlier year-Depreciation and additional depreciation cannot be disallowed.
DCIT v. Adani Mining (P.) Ltd. (2024) 204 ITD 269 (Ahd)(Trib.)
S. 28(i) : Business income-Unregistered agreement-Deemed owner-Capital gains-Sale of land-Assessing Officer is justified in making addition on account of entire sale consideration received from ultimate buyer in hands of assessee. [S. 2(47), 4]
ITO v. Rishi Construction. (2024) 204 ITD 159 (Indore) (Trib.)
S.14A : Disallowance of expenditure-Exempt income-Not earned any exempt income during year-No disallowance can be made. [R. 8D]
ACIT v. Gold Rush Sales and Service Ltd. (2024) 204 ITD 421 (Kol) (Trib.)
S.14A : Disallowance of expenditure-Exempt income-No exempt income-Disallowance cannot be made. [R.8D]
DCIT v. Adani Mining (P.) Ltd. (2024) 204 ITD 269 (Ahd) (Trib.)
S. 12AB : Procedure for fresh registration-Denial of registration-Genuineness of activities-Commissioner was justified in rejecting application for registration under section 12AB is not maintainable in law.. [S. 12A(1)(ac)(iii), R. 17A(2)]
Amrut Antimdham Charitable Trust. v. CIT (2024) 204 ITD 625 /231 TTJ 491 (Ahd) (Trib.)