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. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Excess cash, stale drafts and branch suspense account-Transferred to depositors’ education and awareness fund-Cannot be treated as income-Deletion of addition is affirmed. [S.28 (iv)]

City Union Bank Ltd. v.Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)

S. 40(a)(ii) : Amounts not deductible-Rates or tax-Education cess-Not an allowable deduction.

Tech Mahindra Business Services Ltd. v.ACIT (2024)112 ITR 21 (SN)(Mum)(Trib)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Making Provision for expenses at end of accounting year-No tax deducted at source-Deducting tax at source in subsequent year and depositing it before due date for filing of return of income.[S.139(1)]

ACIT v. NRB Bearings Ltd. (2024)112 ITR 17 (SN)(Mum) (Trib)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Interest-Payment of deposits-Disallowance of 30 per cent of interest-Deductees have already filed return and paid tax-Matter remanded. [S.194A, 197, Form 15 G, 15H]

City Union Bank Ltd. v. Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)

S 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission-Procurement of orders overseas-No disallowance can be made for failure to deduct tax at source.[S. 5,9(1)(vii),195]

Bhartiya International Ltd. v. Dy. CIT (2024)112 ITR 207 /227 TTJ 897 (Delhi)(Trib)

S. 37(1):Business expenditure-Diversion of income by overriding title-Payment made to sister concerns not out of its own discretion but made due to obligation arising out of agreement-Claim revenue neutral because assessee claimed sum as business expenditure and recipients of that sum had offered it, in aggregate, as income-Adding it in hands of assessee would be double addition-Expenditure allowable. [S. 4]

Dy. CIT v. Ramprastha Properties P. Ltd. (2024)112 ITR 74 (SN)(Delhi)(Trib)

S.37(1): Business expenditure-Employees’ Stock Option Scheme Expenses-Disallowance is deleted.

City Union Bank Ltd. v. Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)

S.37(1): Business expenditure-Corporate Social Responsibility expenses-Disallowance is justified-Qualified Institutional placement expenses-Matter remanded. [Companies Act, 2013, S.135]

City Union Bank Ltd. v. Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)

S.37(1): Business expenditure-Employees stock option plan compensation expenses-Allowable as deduction.

Bhartiya International Ltd. v. Dy. CIT (2024)112 ITR 207 /227 TTJ 897 (Delhi)(Trib)

S.37(1): Business expenditure-Prior-period expenses-Annual technical service fees-Addition is not justified-Employees Stock option plan-Matter remanded to the file of the Assessing Officer.
[S. 145]

Axis Bank Ltd. v. Asst. CIT (2024)112 ITR 28 (Ahd)(Trib)