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-Cash credits-Not required to maintain books of account-No addition can be made-Provision of section 115BBE cannot be applied-Opening capital cannot be added as income from undisclosed sources-Failure to file proof-Deduction under 80C cannot be allowed. [S. 68, 69, 115BBE]
Sumit Gahlot v .ITO (2023)106 ITR 695/ 222 TTJ 1012/ 224 DTR 92 / 152 taxmann.com 185 (Jodhpur) (Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Selling holiday membership plans to members-Matter remanded to the Assessing Officer for verification-Amendment with effect from 1-4-2015 providing for disallowance of thirty Per Cent. of expense to apply for Assessment year 2015-16 and subsequent years-Assessing Officer is directed to apply amended provision.
Citrus Check Inns Ltd. v. Dy. CIT (2023)106 ITR 103 (SN)(Mum) (Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Selling holiday membership plans to members-Matter remanded to the Assessing Officer for verification-Amendment with effect from 1-4-2015 providing for disallowance of thirty Per Cent. of expense to apply for Assessment year 2015-16 and subsequent years-Assessing Officer is directed to apply amended provision.
Citrus Check Inns Ltd. v. Dy. CIT (2023)106 ITR 103 (SN)(Mum) (Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Unexplained expenditure-Project payment to housing society-No supporting evidence-Disallowance is affirmed-Levy of concealment penalty is affirmed [ S.69C 271(1)(c) ]
Dev Sharda Developers P. Ltd. v. ITO (2023) 106 ITR 510/ 156 taxmann.com 124 (Mum) (Trib)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Interest-Royalty-Fes for technical services-Foreign remittances Failure to file Forms 15CA and 15CBB-Reimbursement of expenses-Disallowance is not justified . [ S. 195 , Forms, 15CA, 15CB ]
Ball Beverage Packaging (India) P. Ltd. v Asst. CIT (2023)106 ITR 6 (SN)(Delhi) (Trib)
S. 37(1) : Business expenditure-Setting up of business Commencement of business-Once the business is set up expenditure is fully allowable subject to verification that assessee had not claimed depreciation thereon and expenditure not claimed in any other year-Payment for expenses against corporate cards given to managerial personnel-Bills not received and expense written off as bad debts-Allowable as business expenditure. [S. 28(i), 32, 35D, 36(1)(vii), 145]
Shin-Etsu Polymer India P. Ltd. v .Dy. CIT (2023)106 ITR 54 (SN)(Chennai) (Trib)
S. 37(1) : Business expenditure-Employees’ Stock option expenses-Allowable as deduction-Donations to charitable institutions-Corporate Social Responsibility expenses-Allowable under section 8OG ]
Dy. CIT v. Motilal Oswal Securities Ltd. (2023)106 ITR 73 (SN) (Mum)(Trib)
S. 37(1) : Business expenditure-Capital or revenue Loan processing charges paid to bank-Loan utilised for business purposes-One-time payment-Not capital expenditure.
Asst. CIT v. Cosmo Films Ltd. (2023)106 ITR 10 (SN)(Delhi) (Trib)
S. 37(1) : Business expenditure-Business as travel agent, tour operator and foreign exchange dealer-Expenditure on video shooting of tourist locations for business purposes-Capitalised in books of account-Allowable as revenue expenditure-Expenses on issue of non-convertible debentures capitalised in books and Not debited to profit and loss account-Debentures issued for meeting working capital requirements-Disallowance to extent of proceeds from debentures used as capital expenditure and allowing balance expenditure is held to be proper.[ S. 145 ]
Asst. CIT v. Alok Kumar Agrawal (2023)106 ITR 12 (SN)(Mum) (Trib)
S. 37(1) : Business expenditure-Capital or revenue-Infrastructure development expenses-Agreement to maintain common facilities and amenities outside property of assessee-Allowable as revenue expenditure even though advantage may endure for indefinite time-Foreign currency fluctuation-No disallowance can be made-Miscellaneous expenses-A corporate entity and Ad hoc disallowance of expenditure is not permissible without pointing out specific defect-Legal expenses for acquisition of plant-Charges towards drafting agreements, resolutions and rendering legal consultancy services relating to plant acquisition-Professional services-Allowable as revenue expenditure. [S. 43A]
Ball Beverage Packaging (India) P. Ltd. v Asst. CIT (2023)106 ITR 6 (SN)(Delhi) (Trib)