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. 44AD: Presumptive basis-Income from undisclosed sources-Cash seized during requisition under S. 132A-Not mandatory to maintain books of account]-Addition was deleted. [S.69A, 132A]

Basharat Saleem Rehtoo v. DCIT (2025) 236 TTJ 456 (Amritsar)(Trib)

S. 40(a)(ia): Amounts not deductible-Deduction at source]-Payment of sales commission and cash incentives to retailers-the assessee filed various evidences including confirmation from the parties to prove the genuineness of said expenditure, adverse inference cannot be drawn merely because the notices issued under s. 133(6) were returned unserved by the postal authorities.[S.37(1), 133(6), 194H]

ITO v. Welsh and Breton Blenders (P) Ltd. (2025) 236 TTJ 939 / 174 taxmann.com 510 (Hyd) Trib)

S. 40(a)(i): Amounts not deductible-Deduction at source-Non-resident-Commission paid to non-resident agents-Services rendered outside India]-No disallowance can be made for failure to deduct tax at source. [S.9(1)(i), 195]

ACIT v. Intas Pharmaceuticals Ltd. (2025) 236 TTJ 550/ 174 taxmann.com 867 (Ahd)(Trib)

S.37(1): Business expenditure]-Accrual-Provision for claim pay out in respect of guarantee fee-allowable as a deduction.[S. 145]

Credit Gurantee Fund for Micro Units v.NFAC (2025) 236 TTJ 296 (Mum)(Trib)

S. 37(1): Business expenditure]-Interest on delayed payment of tax deducted at source]-Allowable as business expenditure. [S. 40(a)(ii), 201(IA)]

Ganpati Gems & Jewellers v. ACIT (2025) 236 TTJ 100 (Jaipur) (Trib)

S.37(1): Business expenditure]-Commission for securing a loan]-Allowable as business expenditure.

DCIT v. Darshan Enterprises (2025) 236 TTJ 22 (Mum)(Trib)

S. 35: Expenditure on scientific research-Approval of DSIR-In the absence of any statutory requirement for the DSIR to quantify or approve each expense prior to 1st July, 2016, the claim of weighted deduction under S. 35(2AB) cannot be restricted to the amount mentioned in Form No. 3CL. [S. 35(2AB]

ACIT v. Intas Pharmaceuticals Ltd. (2025) 236 TTJ 550/ 174 taxmann.com 867 (Ahd)(Trib)

S. 35: Expenditure on scientific research-Allocation of common expenses to tax-exempt units-Eligible undertaking-Separate books and verifiable entries-Disallowance is not sustainable. [S.10AA, 80IC, 80IE]

ACIT v. Intas Pharmaceuticals Ltd. (2025) 236 TTJ 550/ 174 taxmann.com 867 (Ahd)(Trib)

S.32: Depreciation-Intangible asset-Slump sale-Acquisition of manufacturing, supply and maintenance contracts-Goodwill-AO is directed to treat the excess of consideration paid over and above the fair market value of the assets and liabilities as goodwill and allow depreciation-Depreciation-Unabsorbed-Carry forward and set off-set off of brought forward unabsorbed depreciation pertaining to asst. yr. 2008-09 cannot be denied on the basis that for that assessment year the assessee filed its return of income under S. 139(4) [S.2(42C),32(1)(ii), 32(2), 50B, 72, 80,139(4)]

Thermo Fisher Scientific India (P) Ltd. v. DCIT (2025) 236 TTJ 865 / 176 taxmann.com 501 (Mum) Trib)

S. 32: Depreciation-Intangible asset-Goodwill arising pursuant to amalgamation-The excess consideration paid is bona fide, attributable to commercial intent, and not a colourable device-The goodwill constitutes a depreciable asset]-Depreciation is allowable. [S.2(IB), 32(1)(ii)43(1), 43(6), 49(1)(iii)(e)]

ACIT v. Intas Pharmaceuticals Ltd. (2025) 236 TTJ 550/ 174 taxmann.com 867 (Ahd)(Trib)