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)(ia) : Amounts not deductible-Deduction at source-Certificate from Chartered Accountant that payee has included amount in question in his return and paid tax thereon-Assessee is not in default-Disallowance is deleted.[S. 194A, 201(1)]

Meridian Telesoft Ltd. v. Asst. CIT (2023)108 ITR 37 (SN)(Ahd) (Trib)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Interest-Interest on loans paid to Indian and Foreign banks-Legal fees-Not liable to deduct tax at source-Disallowance is not justified-DTAA-India-USA-Rebate for early payment is not interest-Not liable to deduct tax at source.[S.2(28A), 194A, 195, Art. 12]

Dy. CIT v. CLP India.P. Ltd (2023) 108 ITR 248 /2024) 228 TTJ 328 / 238 DTR 429 (Ahd)(Trib)

S. 37(1) : Business expenditure-Lease rentals on vehicles and computers-Matter remanded to the Assessing Officer.

Sai Life Sciences Ltd. v. Dy. CIT (2023)108 ITR 34 (SN)(Hyd) (Trib)

S. 37(1) : Business expenditure-Value added tax and central sales tax-Sums not shown to have been paid into Government treasure -Claiming fraud committed by agent-Complaint filed against tax Auditor and copies of first information report and crime investigation department report produced before Commissioner (Appeals) —Matter remanded to the Assessing Officer for verification.

Rudra Industries v. ITO (2023)108 ITR 33 (SN)(Hyd) (Trib)

S. 37(1): Business expenditure-Fuel charges, cleaning wages, greasing-Telephone, Staff Welfare And Office Uniform Expenses-Salary-ad-hoc disallowance is not justified-Allowable as deduction.

ITO v. Umed Meghraj Jain (2023)108 ITR 58 (SN) (Ahd) (Trib)

S. 37(1) : Business expenditure-Salary, depreciation, audit fees-Not earning any income-Expenditure to maintain corporate entity-Directed to allow 25 Per Cent. of expenditure.

Alpha Reality v. Asst. CIT (2023)108 ITR 7 (SN)(Chennai) (Trib)

S. 37(1) : Business expenditure-Grading and certification expenses-Payments were made after deducting tax at source-Ad-hoc disallowance is not justified.

ACIT v. A. Lallubhai & Brother (2023) 108 ITR 662 (Trib)

S. 37(1) : Business expenditure-Capital or revenue-Land registration charges-Lease of property-Allowable as revenue expenditure.

RMP Infotec P. Ltd. v. Asst. CIT (2023)108 ITR 171 (Chennai) (Trib)

S.37(1): Business expenditure-Trade samples-Assessing Officer to allow relief in event same income gets doubly taxed-Sales return-Not allowable-Expenditure incurred with reference to refurbishment of retail showroom-Allowable as revenue expenditure

Nike India P. Ltd. v. Dy. CIT (2023)108 ITR 666 (Bang) (Trib)

S. 37(1) : Business expenditure-Interest on deposits-Allowable as deduction. [Electricity Act, 2003, S.47(4)]

Tata Power Delhi Distribution Ltd. v.Add. CIT (2023)108 ITR 329 (Delhi)(Trib.)