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-Amendment by Finance Act, 2014 restricting disallowance to 30 per cent held to be prospective-Assessee’s default, the entire expenditure was to be disallowed, and the benefit of the reduced 30 per cent disallowance was not available-Order of Tribunal set aside. [S. 260A]
PCIT v. Asphalt India Corporation [2024] 167 taxmann.com 460 (Bom.)(HC)
S. 37(1) : Business expenditure-Quantum of expenditure irrelevant-Renovation of schools and temples-Expenditure incurred out of business exigency to maintain good relations with local villagers for smooth conduct of business is allowable as revenue expenditure, where no capital asset is acquired by the assessee.[S. 260A]
ACIT v. Sociedade de Fomento Industrial (P.) Ltd. [2024] 164 taxmann.com 139 (Bom.)(HC)
S. 37(1): Business expenditure-Capital or revenue-Compensatory afforestation-Contribution to Compensatory Afforestation Fund (CAF) is revenue expenditure, not capital.c
PCIT v. Tata Steel Ltd. [2024] 161 taxmann.com 607 (Bom.)(HC)
S. 37(1) : Business expenditure –Business loss-Write-off of a trade advance based on commercial expediency is an allowable deduction. [S. 28(i), 28(iv), 260A]
PCIT v. Natroyal Industries (P.) Ltd. [2024] 159 taxmann.com 448 (Bom.) (HC)
S. 36(1)(vii) : Bad debt-Provision for bad and doubtful debts-Scheduled bank-Bad debt written off to be reduced by opening balance of provision, not current year’s provision; deduction for current provision also allowable. [S. 36(2)(v) 36(1)(viia)]
Industrial Development Bank of India v. DCIT [2024] 166 taxmann.com 592 (Bom.)(HC)
S. 36(1)(iii) :Interest on borrowed capital-Mixed funds-Interest-free advances are deemed to be given out of interest-free funds-Order of Tribunal deleting the disallowance is affirmed.[S. 260A]
PCIT, v. Bhupendra Champaklal Delal [2024] 160 taxmann.com 560 (Bom.)(HC)
S. 36(1)(iii) : Interest on borrowed capital-Interest-free advances-Mixed funds-Where assessee possessed sufficient interest-free funds from sundry creditors, it is presumed that advances are made from such funds; disallowance of interest deleted. [S. 260A]
CCIT (OSD)/PCIT, Central v. Bhupendra Champaklal Dalal [2024] 160 taxmann.com 645 (Bom) (HC)
S. 32 : Depreciation-Lease transactions-For an assessee in the business of leasing, letting out an owned asset constitutes its use for the purpose of business, entitling it to depreciation.[S. 260A]
CIT-LTU v. Tata Motors Ltd [2024] 165 taxmann.com 803 (Bom.)(HC)
S. 32 : Depreciation-Optional claim-Claim for depreciation was optional prior to insertion of Explanation 5 to Section 32(1)-Order of Tribunal affirmed. [S. 260A]
CIT, (LTU) v. Reliance Industries Ltd. [2024] 161 taxmann.com 423 (Bom.)(HC)
S. 28(iv) : Business income-Value of any benefit or perquisite-Converted into money or not-Cash advances not taxable under said section-CIT(A) had merely re-evaluated the same material that was before the Assessing Officer. It was thus held that no violation of Rule 46A(3) had occurred. [S. 37(1), S. 250, Rule 46A of the Income-tax Rules, 1962]
ACIT v. Infrastructure Logistics (P) Ltd [2024] 161 taxmann.com 384 (Bom.)(HC)