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. 40(a)(ia): Amounts not deductible-Deduction at source-Capitalised the expenditure-Neither are expenses debited to P&L a/c and nor deduction is claimed-Disallowances cannot be made.

ITO v. Thrissur Expressway Ltd. (2025) 234 TTJ 676 (Hyd)(Trib)

S. 12AB: Procedure for fresh registration-Quoting a wrong provision-Order of CIT(E) refusing the registration was set aside. [S. 11, 12]

Gospel India Ministries v. CIT (2025) 234 TTJ 684 (Nagpur)(Trib)

S. 37(1): Business expenditure-Travel and conveyance expenses-Ad-hoc disallowance of 20%-CIT(A) was justified in deleting the ad-hoc disallowances.

Bangalore Electricity Supply Co. Ltd. v ACIT (2025) 234 TTJ 58 /121 ITR 195 / 174 taxmann.com 100 (Bang) (Trib)

S. 36(1)(viia) :Bad debt-Provision for bad and doubtful debts-Schedule bank-Reserve and surplus account cannot be considered as provision for the purpose of allowing deduction-The amount credited to bad and doubtful reserve is not allowable as a deduction.

Surat National Co-Operative Bank Ltd. v ACIT (2025) 234 TTJ 529 / (Surat)(Trib)

S. 36(1)(vii): Bad debt-Amount of unreconciled debtors written off-Allowable as bad debt. [S. 36(2)]

Bangalore Electricity Supply Co. Ltd. v ACIT (2025) 234 TTJ 58 /121 ITR 195 / 174 taxmann.com 100 (Bang) (Trib)

S. 32: Depreciation-Goodwill-Amalgamation-Purchase method-AS 14-Provisions of sixth proviso to s. 32(1), Expln. 7 to s. 43(1) and Expln. 2(b) to s. 43(6) has no applicability to the facts of the case-Amendment made vide Finance Act, 2021, in relation to the allowance of depreciation on goodwill is effective from 1st April, 2021 and is applicable to asst. yr. 2021-22 and subsequent assessment years-Entitled to claim depreciation on goodwill arising on account of amalgamation-Customer relationship or distribution network-existing in the books of the amalgamating company-Fair value of these assets was specifically computed by the independent valuer vide his valuation report-The AO is directed to grant depreciation on “customer relationship” and “distribution network” arising on account of amalgamation. [S. 32(1), 43(1)]

Dow Chemical International (P) Ltd. v. DCIT 2024] 169 taxmann.com 290 / (2025) 234 TTJ 712 (Mum)(Trib)

S. 28(i) : Business loss-Fixed deposits held by the assessee-bank with another bank written off—Allowable as business loss.

Surat National Co-Operative Bank Ltd. v ACIT (2025) 234 TTJ 529 / (Surat)(Trib)

S. 28(i): Business loss-Overstated bank balance written off— Allowable as business loss.

Bangalore Electricity Supply Co. Ltd. v ACIT (2025) 234 TTJ 58 /121 ITR 195 / 174 taxmann.com 100 (Bang) (Trib)

S. 17(2): Salary-Perquisite-Personal expenses of director-Paid through the credit card of the company-Disallowed in the assessment of company-Can not be taxed again in hands of assessee-director as perquisite under section 2(24)(iv).[S. 2(24)iv), 28(iv), 37(1)]

Mecca Rafeeque Ahmed v. ACIT (2025) 234 TTJ 691 / 172 taxmann.com 160 (Chennai)(Trib) Israr Ahmed v. ACIT (2025) 234 TTJ 691 / 172 taxmann.com 160 (Chennai)(Trib) Ashifaque Ahmed Mecca v. v. ACIT (2025) 234 TTJ 691 / 172 taxmann.com 160 (Chennai)(Trib)

S. 270A: Penalty for under-reporting and misreporting of income-Vagueness of notice was not accepted-Partly allowed the relief on quantum addition-Assessing Officer was directed to modify the order after giving effect to the order. [S. 43B, 274]

Magnaquest Technologies Ltd. v. DCIT (2025) 215 ITD 146 (Hyd) (Trib.)