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. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Rice trading-Failure to demonstrate any business expediency-Directed to estimate profit on disputed purchases at 10 per cent and make additions.[R.6DD]

M. Shyamalanathan & Co. v. ITO (2023) 202 ITD 64 (Chennai) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Business expenditure-Reimbursement of medical expenses and tea allowances incurred by employees-Performance of their duties during banking hours-Allowable as deduction. [S. 37(1)]

Surat District Co-op. Bank Ltd. v. ACIT (2023) 202 ITD 624 (Surat)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Amendment made in section 40(a)(ia) by Finance (No. 2) Act, 2014 is curative in nature-Disallowance under section 40(a)(ia) had to be restricted to 30 per cent instead of 100 per cent. [S.194C]

Niteshkumar Maganbhai Patel. v. ITO (2023) 202 ITD 323 (Ahd) (Trib.)

S. 37(1) : Business expenditure-Club membership fee-One-time entry fee paid by individual assessee for club membership could not be allowed as business expenditure-Adjustment is affirmed-Only corporate membership one time membership fee is allowable. [S.143(1)(a)]

Balrajsingh Jagjitsingh Kharbanda v. ADIT, CPC, (2023) 202 ITD 433 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Business of civil construction- Labour charges-Failure to support evidence-Restricted to 50 per cent of labour expenses.

Niteshkumar Maganbhai Patel. v. ITO (2023) 202 ITD 323 (Ahd) (Trib.)

S. 37(1) : Business expenditure-Expenditures towards road and bridge construction Commercial expediency-Allowable as deduction allowable as deduction though no income shown during the year. [S. 145]

ACIT v. Gujarat State Road Development Corporation Ltd. (2023) 202 ITD 510 (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Community development expenses-Allowable as business expenditure.

DCIT v. GMR Warora Energy Ltd. (2023) 202 ITD 501 (Mum) (Trib.)

S. 37(1) : Business expenditure-Gifts-Customers on occasion of new year and festivals-Allowable as business expenditure-Gifts given to directors and to government employees would not be allowed as expenses.

Surat District Co.op. Bank Ltd. v. ACIT (2023) 202 ITD 624 (Surat) (Trib.)

S. 37(1) : Business expenditure-Shortfall in PF- its-statutory-liability towards Employees Provident Funds Act, payment made towards maintenance of statutory interest rate was an allowable expenditure. [Provident Fund Rules, 17]

Surat District Co. op. Bank Ltd. v. ACIT (2023) 202 ITD 624 (Surat)(Trib.)

S. 37(1) : Business expenditure-Diesel & petrol expenses-Ad-hoc disallowance-No fining that expenses are bogus-Addition is deleted.

Pawan Aggarwal v. DCIT (2023) 202 ITD 712 (Chd.)(Trib.)