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-Failure to deduct tax at source–Royalty-Matter remanded-DTAA-India-Netherlands-Cash credits-Share capital matter remanded-Office repairs and maintenance-Matter remanded-Disallowance of expenditure in relation to exempt income-Income from dividend-Matter remanded to verify assessee’s claim of income being exempt.[S.14A, 40(a)(i),68, 195]

Spicejet Ltd. v. Add. CIT (2023)102 ITR 58 (Delhi)(Trib)

S.37(1): Business expenditure-Interest paid on delayed remittance of tax-Not allowable as deduction.

Spicejet Ltd. v. Add. CIT (2023)102 ITR 58 (Delhi)(Trib)

S.37(1): Business expenditure-Wages is allowed in the year of final settlement and on actual payment only.[S. 145]

Gujarat State Fertilizers & Chemicals Ltd v. DCIT (2023) 102 ITR 76 (SN) (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Project abandoned-Joint venture project-Expenditure incurred relating to a joint venture project later abandoned is allowable in so far as the expenditure is incurred by the Assessee itself and not the joint venture entity.

Gujarat State Fertilizers & Chemicals Ltd v. DCIT (2023) 102 ITR 76 (SN) (Ahd.)(Trib.)

S.37(1): Business expenditure-Administrative expenses-No business activity-Insurance premium-Allowable as deduction.

Oceanic Vehicles Pvt. Ltd. v. DCIT (2023) 102 ITR 70 (SN) (Ahd.)(Trib.)

S. 36(1)(xii) :Corporation or body corporate-Central or State or Provisional Act-Business expenditure–Absence of notification in the relevant year-Not allowable as deduction. [S.37(1)]

Dy. CIT v. National Bank for Agriculture & Rural Development [2023] 221 TTJ 25 /221 DTR 369 (Mum) (Trib)

S.36(1)(iii): Interest on borrowed capital-Interest free advances have been given by out of his own fund-No disallowance can be made.

Aaryavart Impex (P) Ltd. v. ACIT (2023) 221 TTJ 817 (Ahd)(Trib)

S. 35 : Expenditure on scientific research-Weighted deduction-Contribution towards research in social science or statistical research & Eligible projects-no opportunity to the assessee to rebut the reports of Investigation Wing on statements recorded of third party or to cross examine such third party-held, violation of principles of natural justice-Deduction allowed. [S. 35(1)(iii), 35AC]

Gajraj Tradecom Pvt. Ltd. v. DCIT (2023) 102 ITR 80 (SN)/200 ITD 74 (Kol)(Trib)

S. 35 : Expenditure on scientific research-Weighted deduction-Unpaid amounts as expenditure-Disallowance is affirmed.[S. 2(24), 35(2AB), 36(1)(xii)]

Dy. CIT v. National Bank for Agriculture & Rural Development. (2023) 221 TTJ 25 / 221 DTR 369 (Mum) (Trib)

S. 35 : Expenditure on scientific research-Weighted deduction-Disallowance for want of approval of prescribed authority-Form 3CL issued subsequently-Matter restored to Assessing Officer for verification and decision in accordance with Law. [S.35(2AB).

Emerson Climate Technologies (India) Pvt. Ltd. v. ACIT (2023) 147 taxmann.com 359/ 102 ITR 43 (SN)(Pune) (Trib)