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. 68 : Cash credits-Search-No cash was found-Memorandum of understanding (MoU)-Statement under section 131-Deletion of addition by the Appellate Tribunal was affirmed.[S. 131 132]

PCIT v. Trilok Chand Choudhary (2023) 291 Taxman 462 (Delhi)(HC)

S. 68 : Cash credits-Proved the identity, creditworthiness and genuineness of the transactions-Deletion of addition is justified. [S. 260A]

PCIT v. Enrich Agro Food Products (P.) Ltd. (2023) 455 ITR 664 /291 Taxman 606 (Delhi)(HC)

S. 54G : Capital gains-Shifting of industrial undertaking from urban area-Sale of an industrial plot in Bengaluru-Urban area-Entitle for the benefit.[S. 45 280Y(d)]

Fabsun Engineering (P.) Ltd. v. ITO (2022) 291 Taxman 478 (Karn)(HC) Editorial: Section 280Y, omitted by the Finance Act, 1990, w.e.f 1-4-1990.

S. 43D : Public financial institutions-Amendment by the Finance Act, 2017-Interest on sticky loans-Taxable on receipt basis and not on accrual basis. [S. 145]

PCIT v. Kangra Central Co-op Bank Ltd.(2023) 291 Taxman 566 /330 CTR 133/ 221 DTR 1(HP)(HC)

S. 40(b)(v) : Amounts not deductible-Partner-Remuneration-Not stipulation in partnership deed-Not allowable as deduction. [S. 260A]

Egg Guard v. ITO (2023) 457 ITR 762/ 291 Taxman 615 /331 CTR 794/ 224 DTR 5 (Telangana)(HC)

S. 40(a)(iib) : Amounts not deductible-Surcharge on sales tax or turnover tax paid by assessee-company to State Government was not a ‘fee or charge’-Review petition was dismissed. [S. 37(1)]

ACIT v. Kerala State Beverages Manufacturing and Marketing Corporation Ltd (2023) 291 Taxman 357 / 333 CTR 14/ 224 DTR 479 (SC) Editorial : Refer Kerala State Beverages Manufacturing and Marketing Corporation Ltd v. ACIT (2022) 440 ITR 492 / 286 Taxman 1 (SC)

S. 37(1) : Business expenditure-Business development-Cash expenses-Genuineness of vouchers was not in dispute-Assessing Officer could not sit in arm chair of a businessman and decide what expenditure was expedient-Assessee was entitled for deduction.

K. Chandrashekar Praskash v. ACIT (2023) 455 ITR 751 / 291 Taxman 217 (Karn)(HC)

S. 37(1) : Business expenditure-Provision-Warranty-Based on past experience-Allowable as a deduction. [S. 145]

TTK Prestige Ltd. v. DCIT (2023) 291 Taxman 220 (Karn) (HC)

S. 37(1) : Business expenditure-Derivative loss-Business loss-Mark-to-market basis-account Foreign exchange fluctuation-Mercantile basis-Allowable as deduction. [S. 28(i), 145]

PCIT v. Kesoram Industries Ltd. (2023) 291 Taxman 562 (Cal)(HC)

S. 37(1) : Business expenditure-Education cess-Not allowable as deduction-As per Explanation 3 to the provision of section 40(a)(ii) inserted by Finance Act, 2022 with effect from 1-4-2005 surcharge or cess forms a part of ‘tax’ [S. 40(a)(ii)]

JCIT v. Chambal Fertilizers & Chemicals Ltd. (2023) 291 Taxman 438 (SC)