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-Insurance premium of director paid by Company-Not incurred wholly and exclusively for the purpose of business-Not allowable as deduction-Bogus purcahses-Entire bogus purchase cannot be added-Addition restricted to 12.5% of alleged bogus purchases.-Delay of 177 days was condoned. [S. 133(6), 254(1)]

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

S. 37(1): Business expenditure-Commercial expediency-Professional and consultancy charges-Matter remanded.

Dinesh Devraj Ranka v. Addl. CIT [2023] 200 ITD 731 (Bang)(Trib.)

S. 37(1): Business expenditure-Insurance premium of director paid by Company-Not incurred wholly and exclusively for the purpose of business-Not allowable as deduction-Bogus purchases-Entire bogus purchase cannot be added-Addition restricted to 12.5% of alleged bogus purchases.-Delay of 177 days was condoned. [S. 133(6), 254(1)]

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

S. 37(1) : Business expenditure-Reimbursement of service tax-Commercial expediency —Allowable as revenue expenditure.

Addl. CIT v. Amway India Enterprises (P) Ltd. (Delhi) 201 ITD 229(Delhi)(Trib)

S. 37(1) : Business expenditure-Free samples and distribution of infant and children’s nutrition food-Not allowable as deduction-Expenditure incurred on arranging conferences and seminars-Not allowable as deduction.[Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (Relevant Act),S. 4]

Mead Johnson Nutrition (India) (P.) Ltd. v. ACIT (2023) 200 ITD 234/ 225 TTJ 827 (Mum) (Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Capital asset-Payment to its Indian counterpart for acquiring part of its business relating to debt collection service-Expenditure incurred for acquiring completely new business set up was income generation tool-Capital in nature.[S. 32]

Genpact Services LLC. v. DCIT (IT) (2023) 200 ITD 48 (Delhi)(Trib)

S. 37(1): Business expenditure-Commercial expediency-Professional and consultancy charges-Matter remanded.

Dinesh Devraj Ranka v. Addl. CIT [2023] 200 ITD 731 (Bang)(Trib.)

S. 37(1): Business expenditure-Commercial expediency-Professional and consultancy charges-Matter remanded.

Dinesh Devraj Ranka v. Addl. CIT [2023] 200 ITD 731 (Bang)(Trib.)

S. 37(1) : Business expenditure-Employee Stock Option Plan-(ESOP)-Allowable as revenue expenditure.

Northern Operating Services (P.) Ltd. v. JCIT(2023) 200 ITD 145 (Bang) (Trib)

S. 36(1)(vii): Bad debts-Failer to substantiate-Not allowable as deduction. [S. 36(2)]

Dinesh Devraj Ranka v. Addl. CIT [2023] 200 ITD 731 (Bang)(Trib.)