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)(i): Amounts not deductible-Deduction at source-Non-resident –Royalty-Payments made towards internet, broadband and bandwidth charges to foreign parties did not constitute royalty-Not liable to deduct tax at source.[S.9(1)(vi), 195]

DCIT v. Hinduja Global Solutions Ltd. (2025) 213 ITD 453 (Mum) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident –Amount paid to a foreign company towards management fees-Tax deducted and deposited-No addition could be made under section 40(a)(i), or the payment can be held to be as unexplained expenditure under section 69C.[S, 69C, 195]

ACIT v. Matrix Publicities and Media India (P.) Ltd. (2025) 213 ITD 463 (Mum) (Trib.)

S.37(1): Business expenditure-Site maintenance expenditure-Ad-hoc disallowance of 30 per cent-Disallowance restricted to 10 percent of expenditure.

Bollineni Developers Ltd. v. DCIT (2025) 213 ITD 635 (Hyd)(Trib.)

S.37(1): Business expenditure-Capital or revenue-Licence fee for use of software-Allowable as revenue expenditure.

ACIT v. Matrix Publicities and Media India (P.) Ltd. (2025) 213 ITD 463 (Mum) (Trib.)

S.37(1): Business expenditure-Setting up of business-Actual commencement of revenue-generating activity does not have any bearing on determining the date of setting up of business-Expenses incurred after the date of setting up of business are eligible for deduction. [S.28(i)]

DCIT v. Aricent Technologies (Holding) (P.) Ltd. (2025) 213 ITD 378 (Delhi) (Trib)

S. 37(1): Business expenditure-Unrealised debtors-Write-off-Income offered in the subsequent years when realised-Order of CIT(A) deleting the addition was affirmed.

ACIT v. Delhi Buildwell (P.) Ltd. (2025) 213 ITD 291 (Delhi) (Trib.)

S. 36(1)(viia): Bad debt-Provision for bad and doubtful debts-Schedule bank-A co-operative bank, eligible for deduction even if it had no rural branches-Long-term finance-Eligible for deduction under section 36(1)(viii).[S. 36(1)(vii)]

ITO v. Sutex Co-operative Bank Ltd. (2025) 213 ITD 359 (Surat) (Trib.)

S. 36(1)(iii): Interest on borrowed capital-Working capital loan-Interest-free loans were advanced in earlier years-Interest paid on working capital loan cannot be disallowed.

Laqshya Media Ltd. v. ACIT (2025) 213 ITD 588 (Mum.)(Trib.)

S. 36(1)(iii): Interest on borrowed capital-Limited scrutiny-Funds invested in short-term deposits-Assessing Officer had travelled beyond the limited scrutiny parameters for which the case was selected-Addition was deleted. [S. 143(3)]

ACIT v. B.K. Sales Corporation. (2025) 213 ITD 559 (Delhi) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Share application money-Sister concern-Disallowance of interest is not justified-Borrowed money–transferred to sister concern. The Assessing Officer was directed to levy interest; however, only for the actual period of the loan, i.e., for one day.

Kamineni Health Services (P.) Ltd. v. ACIT (2025) 213 ITD 130 (Hyd) (Trib.)