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-Capital or revenue-Product registration expenditure-Revenue expenditure.

Cadila Pharmaceuticals Ltd. v. ACIT (2024) 115 ITR 51 ((SN)/ 162 taxmann.com 229 (Ahd)(Trib)

S. 37(1) : Business expenditure-Huge expenses of purchases, job-work payment, petrol and transport expenses Compared to preceding year-Failure to discharge the onus-Addition is affirmed.

Aerotech Enterprise v. ITO (2024) 115 ITR 78 (SN)/ 168 taxmann.com 557 (Ahd)(Trib)

S.37(1): Business expenditure-Capital or revenue-Stock brokerage-Expenditure on broadband, lease rent, software customisation, facility management, repair and maintenance-Allowable as revenue expenditure. [S. 32, 40(a)(ia)]

HDFC Securities Ltd. v. CIT (Appeals) (2024)115 ITR 179/ 169 taxmann.com 365 (Mum)(Trib)

S. 36(1)(va): Any sum received from employees-Delayed payment of employees contribution to Employees’ State Insurance Corporation-Disallowance is affirmed.[S.43B]

ACIT v. Uniparts India Ltd. (2023) 150 taxmann.com 142 / (2024)115 ITR 473 (Delhi)(Trib)

S. 36(1)(iii) : Interest on borrowed capital-Sufficient interest free funds-Disallowance is deleted.

Cadila Pharmaceuticals Ltd. v. ACIT (2024) 115 ITR 51 ((SN)/ 162 taxmann.com 229 (Ahd)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Higher rate of interest 16% to bank on loans-Rate charged to subsidiaries lesser rate of 6%-Disallowance is deleted.

ACIT v. Uniparts India Ltd(2023) 150 taxmann.com 142 / (2024)115 ITR 473 (Delhi)(Trib) Editorial : Affirmed in PCIT v. Uniparts India Ltd(2024) 298 Taxman 212 (Delhi)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Order of CIT(A) is affirmed.

Cadila Pharmaceuticals Ltd. v. ACIT (2024)115 ITR 428 / 162 taxmann.com 229 (Ahd)(Trib)

S. 35 : Expenditure on scientific research-In-house scientific research and development-Weighted deduction-Expenditure attributable to income earned from contract research is also entitled to weighted deduction-Matter remanded. [S.35(2AB)]

Cadila Pharmaceuticals Ltd. v. ACIT (2024) 115 ITR 51 ((SN)/ 162 taxmann.com 229 (Ahd)(Trib)

S. 35 : Expenditure on scientific research-Department of Scientific and Industrial research approved only part of expenditure claimed-Prior to 1-4-2016 there is no requirement of quantification of eligible expenditure incurred on in-house research and development facility has to be approved by prescribed authority-Entitled to 200 Per Cent. of actual expenditure incurred on Scientific Research.[S.35(2AB]

Pharmanza Herbal P. Ltd. v Dy. CIT (2024)115 ITR 612 / 164 taxmann.com 1297 (Ahd)(Trib)

S. 35 : Expenditure on scientific research-Purchase of capital equipment for research facility-Clinical trial expenditure allowed by Tribunal in earlier years which is up held by High Court-Order of CIT(A) deleting the addition is affirmed-Central Board Of Direct Taxes Circular No. 14(Xl-35), Dated 11-4-1955. [S.35(2AB)]

Cadila Pharmaceuticals Ltd. v. ACIT (2024)115 ITR 428 / 162 taxmann.com 229 (Ahd)(Trib)