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-Bogus creditors-Trading in fabrics-Goods purchased were duly sold, and sales stood accepted; input of goods could not be doubted, and expenditure was to be treated as genuine, but 25 per cent of unverifiable purchases was disallowed. [S.41(1), 133(6)]
Sudha Loyalka. (Smt.) v. ITO (2025) 214 ITD 750 (Delhi) (Trib.)
S.37(1): Business expenditure-Special reserve-Amount transferred to special reserve pursuant to the provision of section 45 IC of the RBI Act, 1934 is an appropriation of profit and not allowable as a deduction or excludable; the amount transferred was required to be added back to book profit under section 115JB [S.115JB RBI Act, 1934, S.451C]
SREI Equipment Finance Ltd. v. CIT (Appeals) (2025) 214 ITD 769 (Kol) (Trib.)
S.37(1): Business expenditure-Salary to employees-No disallowance was proposed in the show-cause notice-Order of CIT(A) deleting the disallowance was affirmed.
ITO v. Rajeshkumar Rameshchandra Shah. (2025) 214 ITD 725 (Ahd) (Trib.)
S.37(1): Business expenditure-Insurance premium-Loan to firm on an insurance policy on the life of one of its partners-Insurance premium paid allowable as a deduction.
Pankaj Enterprises. v. DCIT (2025) 214 ITD 702 (Mum) (Trib.)
S.37(1): Business expenditure-Setting up of business-Power Purchase Agreement-Expenditure incurred for the purpose of business after setting up of business was allowable for deduction.
Shapoorji Pallonji Energy (Gujarat) (P) Ltd. v. DCIT (2025) 214 ITD 297 (Mum) (Trib.)
S.37(1): Business expenditure-towards Employee Stock Option Plan (ESOP)-International Stock Ownership Plan (ISOP)-Paid to parent company-Allowable as deduction.
Procter & Gamble Hygiene and Health Care Ltd v. NFAC (2025) 214 ITD 315 (Mum) (Trib.)
S. 36(1)(viii): Eligible business-Special reserve-Minimum alternate tax-Taxable in the year in which the amount is withdrawn from such reserve-Amount transferred to reserve under section 36(1)(viii) shall not be included in book profit under section 115JB.[S.115JB]
SREI Equipment Finance Ltd. v. CIT (Appeals) (2025) 214 ITD 769 (Kol) (Trib.)
S. 36(1)(vii): Bad debt-Subsidy-Offered as income in earlier years-Unrecoverable subsidy allowable as bad debt.
Indian Potash Ltd. v. DCIT (2025) 214 ITD 121 (Delhi) (Trib.)
S. 36(1)(va): Any sum received from employees-Deposited ESI contribution on 16-10-2017 for September 2017, when the due date was 15-10-2017, which happened to be a public holiday, i.e., Sunday-One day delay on account of a public holiday-Allowable deduction. [S.43B General Clauses Act, 1897, S.10]
SREI Equipment Finance Ltd. v. CIT (Appeals) (2025) 214 ITD 769 (Kol) (Trib.)
S. 36(1)(iii): Interest on borrowed capital-sufficient non-interest-bearing funds–car loan–disallowance of interest is not justified.
Patidar Builder (P.) Ltd. v. Assessing Officer (2025) 214 ITD 77 (Indore) (Trib.)