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. 37(1) : Business expenditure-Expenditures towards road and bridge construction Commercial expediency-Allowable as deduction allowable as deduction though no income shown during the year. [S. 145]
ACIT v. Gujarat State Road Development Corporation Ltd. (2023) 202 ITD 510 (Ahd.)(Trib.)
S. 37(1) : Business expenditure-Community development expenses-Allowable as business expenditure.
DCIT v. GMR Warora Energy Ltd. (2023) 202 ITD 501 (Mum) (Trib.)
S. 37(1) : Business expenditure-Gifts-Customers on occasion of new year and festivals-Allowable as business expenditure-Gifts given to directors and to government employees would not be allowed as expenses.
Surat District Co.op. Bank Ltd. v. ACIT (2023) 202 ITD 624 (Surat) (Trib.)
S. 37(1) : Business expenditure-Shortfall in PF- its-statutory-liability towards Employees Provident Funds Act, payment made towards maintenance of statutory interest rate was an allowable expenditure. [Provident Fund Rules, 17]
Surat District Co. op. Bank Ltd. v. ACIT (2023) 202 ITD 624 (Surat)(Trib.)
S. 37(1) : Business expenditure-Diesel & petrol expenses-Ad-hoc disallowance-No fining that expenses are bogus-Addition is deleted.
Pawan Aggarwal v. DCIT (2023) 202 ITD 712 (Chd.)(Trib.)
S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts-Schedule bank-Disallowance could not be made merely on ground that certain provision made by assessee were not in nature of bad and doubtful debts.
Surat District Co-op. Bank Ltd. v. ACIT (2023) 202 ITD 624 (Surat)(Trib.)
S. 36(1)(va) : Any sum received from employees-Sunday or gazeted holiday-Payment was made on next working day-Allowed as deduction. [S.43B, 139(1)]
G.D. Foods and Manufacturing (India) (P.) Ltd. v. ADIT (2023) 202 ITD 116 (Delhi) (Trib.)
S. 32 : Depreciation-Plant and machinery-Solar Power Plant-Captive use of factory-Installed in office premises-Office building is part of factory and electricity so generated was used for factory-Matter remanded to Assessing Officer for verification.
Viney Corporation Ltd. v. ACIT (2023) 202 ITD 533 (Delhi) (Trib.)
S. 32 : Depreciation-Plant and machinery-Additional depreciation-Put to use less than 180 days-Only 50 per cent of additional depreciation could be claimed in that year and thus, balance 50 per cent of additional depreciation could be availed in subsequent year. [S. 32(1)(iia)]
DCIT v. GMR Warora Energy Ltd. (2023) 202 ITD 501 (Mum) (Trib.)
S. 28(i) : Business income-Interest on FDRs earned by contractor-Considered like contract receipts for the purpose of estimation of profit of 10 % of receipts-Interest on income tax refund and NSC deposits is assessable as income from other sources.[S. 56, 145]
Shiv Shakti Construction v. ACIT (2023) 202 ITD 655/ 225 TTJ 676 (Delhi) (Trib.)