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.36(1)(iii): Interest on borrowed capital-Interest free advances have been given by out of his own fund-No disallowance can be made.

Aaryavart Impex (P) Ltd. v. ACIT (2023) 221 TTJ 817 /151 taxmann.com 22 (Ahd)(Trib)

S. 35 : Expenditure on scientific research-Weighted deduction-Contribution towards research in social science or statistical research & Eligible projects-no opportunity to the assessee to rebut the reports of Investigation Wing on statements recorded of third party or to cross examine such third party-held, violation of principles of natural justice-Deduction allowed. [S. 35(1)(iii), 35AC]

Gajraj Tradecom Pvt. Ltd. v. DCIT (2023) 102 ITR 80 (SN)/200 ITD 74 (Kol)(Trib)

S. 35 : Expenditure on scientific research-Weighted deduction-Unpaid amounts as expenditure-Disallowance is affirmed.[S. 2(24), 35(2AB), 36(1)(xii)]

Dy. CIT v. National Bank for Agriculture & Rural Development. (2023) 221 TTJ 25 / 221 DTR 369 (Mum) (Trib)

S. 35 : Expenditure on scientific research-Weighted deduction-Disallowance for want of approval of prescribed authority-Form 3CL issued subsequently-Matter restored to Assessing Officer for verification and decision in accordance with Law. [S.35(2AB).

Emerson Climate Technologies (India) Pvt. Ltd. v. ACIT (2023) 147 taxmann.com 359/ 102 ITR 43 (SN)(Pune) (Trib)

S. 35 : Expenditure on scientific research-Weighted Deduction-Allowable deduction. [S.35(2AB(1)]

Hawkins Cookers Ltd. v. ACIT (2023) 102 ITR 395/151 taxmann.com 57 (Mum)(Trib)

S. 24 : Income from house property-Deductions-Interest expenses to the extent incurred towards the acquisition of property to be allowed u/s. 24(a)-Interest expenses not incurred in relation to business is not allowed under section 36(1)(iii).[S.24(a), 36(1)(iii)]

Oceanic Vehicles Pvt. Ltd. v. DCIT (2023) 102 ITR 70(Ahd)(Trib.)

S. 22 : Income from house property-Business income-Receipts under leave and licence agreement taxable as income from house property-Income from consultancy treated as business income. [S.28(i)]

RVM Education (P.) Ltd. v. ACIT (2023)102 ITR 31 (SN)(Delhi) (Trib)

S.14A : Disallowance of expenditure-Exempt income-Own funds more than investments-No disallowance of interest could be made-Recording of satisfaction by AO that assessee’s claim was incorrect is mandatory-Insertion of non-obstante clause perspective.[R 8D(2)(iii)]

TIL LTD. v. Dy. CIT (2023) 102 ITR 148 (Kol)(Trib.)

S. 12AA : Procedure for registration –Trust or institution-Ex parte order-Rejection of registration-Order is set aside and assessment to be made afresh. Consequent Upon Reconsideration Of Application For Registration-Penalty order is also set aside.[S.270A]

CVMV Reddy’s Educational and Public Charitable Trust v. ACIT (E) (2023)102 ITR 7 (SN)(Chennai) (Trib)

S. 12A : Registration –Trust or institution-Deemed Registration us 12A due to non-disposal by the Revenue-Matter remanded. [S.11]

Visvesvaraya Technological University v. CIT (E) (2023) 153 taxmann.com 28 / 221 TTJ 439/ 223 DTR 73 (Bang)(Trib)