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-Explanation 2, disallowing CSR expenditure is not retrospective in nature.

Hindustan Coca-Cola Beverages Pvt. Ltd. v. DCIT (2023) 103 ITR 67 (SN)(Delhi)(Trib)

S. 37(1) : Business expenditure-Non-compete fee being a capital expenditure resulting in enduring benefit cannot be allowed as revenue expenditure.

Hindustan Coca-Cola Beverages Pvt. Ltd. v. DCIT (2023) 103 ITR 67 (SN)(Delhi)(Trib)

S. 37(1): Business expenditure-Income from undisclosed sources-Bogus purchases-Expenditure on commission paid-Allowable as deduction. [S. 133(6), Prohibition of Benami property Transactions Act, 1988, S. 24]

Dy. CIT v. Asian Star Co. Ltd. (2023) 154 taxmann.com 13 /104 ITR 639 (Mum) (Trib)

S. 37(1) : Business expenditure-Bogus Purchases-Information received from investigation wing Entire bogus purchase cannot be added-Addition restricted to 12.5% of alleged bogus purchases-Insurance premium of director paid by Company-Not incurred wholly and exclusively for the purpose of business-Not allowable as deduction. [S. 133(6)]

Lokhandwala Kataria Construction Pvt. Ltd. v DCIT (2023)104 ITR 84 (Mum)(Trib)

S. 37(1) : Business expenditure-Joint Venture-Payment towards engineering and development cost each year dependent upon volume of production. Intellectual property rights remaining with companies, Payment not resulting in intangible asset capable of capitalization, said payment for use of technology revenue in nature.

Lear Automotive India P. Ltd. v. Asst. CIT (2023)105 ITR 4 (SN)(Pune)(Trib)

S. 37(1) : Business expenditure-Assessee carrying on business in veterinary pharmaceuticals-Products registration expenses-Allowable as revenue expenditure:

Ashish Life Science P. Ltd. v. Asst. CIT (2023)103 ITR 557 (Mum) (Trib)

S. 37(1) : Business Expenditure-Capital or revenue-Non-Compete fee-In the first year of payment, proportionate deduction disallowed holding the same as capital expenditure-Rule of consistency is to be followed.

Hindustan Coca-Cola Beverages P. Ltd v. Dy. CIT (2023) 103 ITR 67 (SN)(Delhi)(Trib)

S. 37(1) : Business expenditure-Club membership fees-Club membership used by representatives of assessee for entertaining present and prospective customers-Commercial expediency-Allowable expenditure.

Cherry Hill Interiors P. Ltd. v. Add. CIT [2023] 105 ITR 34 (Delhi)(Trib.)

S. 37(1) : Business expendirure-Amortisation of preliminary expenses-Capital or revenue expenditure-Expenditure in connection with increase in authorised capital-Not allowed as revenue expenditure-Assessee cannot capitalise it and claim depreciation thereon-Mercantile system of accounting-Interest to be taxed on accrual basis. [S. 32, 35D, 37(1), 145]

Dy. CIT v. H. K. Ispat P. Ltd. (2023) 103 ITR 12 (SN)(Ahd) (Trib)

S. 37(1) : Business expenditure- Equity Stock Option Plan-ESOP expenses-Failure to consider the submissions-Matter remanded.[S. 17(2)(vi(c),192]

Nuvama Wealth and Investment Ltd. v ACIT [2023] 201 ITD 242 (Hyd)(Trib)