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. 36(1)(va) : Any sum received from employees-Due date for deposit-Delay in deposit of contribution-Disallowance is deleted. [Kolkata Port Trust (Non-contributory Provident Fund) Regulations 1988]
ACIT v. Syama Prasad Mookerjee Port (2025) 210 ITD 421 (Kol)(Trib.)
S. 36(1)(iv) : Contribution towards a recognized provident fund-Excess contributions to approved superannuation fund to bridge gap between actual contribution and actuarial valuations-Allowable as deduction. [S. 37(1), 36(1)(v) Rule, 27]
ACIT v. Syama Prasad Mookerjee Port (2025) 210 ITD 421 (Kol)(Trib.)
S. 32 : Depreciation-Amalgamation-Intangible assets-Depreciation on patented technology-Order of CIT(A) deleting the depreciation is affirmed.
DCIT v. United Drilling Tools Ltd. (2025) 210 ITD 632 (Delhi) (Trib.)
S. 28(i) : Business loss-Disposal of non-banking assets-Loss towards write off of discrepant notes and cash backs offered to credit card customers-Allowable as business loss. [S. 37(1)]
DCIT v. ICICI Bank Ltd. (2025)210 ITD 643 (Mum) (Trib.)
S. 28(i) : Business loss-Converted a part of loan into equity shares-Exchange of one asset to another asset-loss incurred on conversion of such loan into equity shares is allowed as business loss. [S. 36(1)(vii)]
DBS Bank Ltd. v. DCIT (2025)210 ITD 448(Mum)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-stock in trade-No disallowance can be made.[R. 8D]
DBS Bank Ltd. v. DCIT (2025)210 ITD 448(Mum)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Sufficient interest free funds-Investment in securities-Disallowance is deleted.[R.8D]
DCIT v. ICICI Bank Ltd. (2025)210 ITD 643 (Mum)(Trib.)
S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Own case for earlier assessment years, exemption under section 11 was allowed-No change of facts-Exemption is allowed. [S.11, 13(1)(c)]
DCIT v. CMR Jnanadhara Trust. (2025) 210 ITD 519 (Bang) (Trib.)
S. 12A : Registration-Trust or institution-Procedure for fresh registration-Failure to reply show cause notice-Matter remanded back to Commissioner (Exemption) with a direction to grant one final opportunity to assessee to substantiate its case by filing requisite details. [S.12AB]
Jalna Maheshwari Charitable Foundation v. CIT (E) (2025)210 ITD 665 (Pune)(Trib.)
S. 10AA : Special Economic Zones-Transfer pricing adjustment-Eligible for deduction under section 10AA in respect of voluntary adjustment made by it-Transfer Pricing adjustment made by it [S.92C]
DCIT v. EYGBS (India) (P.) Ltd. (2025) 210 ITD 686 (Bang) (Trib.)