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)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission-Not having Permanent Establishment or carrying on any business in India — Not liable to deduct tax at source. [S.195, 260A]
PCIT v. Maharani Enterprises (2023)457 ITR 15/295 Taxman 464 (Delhi)(HC)
S. 37(1) : Business expenditure-Capital or revenue-Replacement of spares in machineries-Up gradation of software-Revenue expenditure.
PCIT v. Gujarat Industries Power Co. Ltd. (2023) 295 Taxman 345 (Guj.)(HC)
S. 37(1) : Business expenditure-Provision for warranty-Liquidated damages-losses of non-moving inventories due to cancellation of orders-Sales promotion expenses-Allowable as deduction. [S. 145]
PCIT v. Heavy Engineering Corporation Ltd. (2023) 295 Taxman 349 (Jharkhand)(HC)
S. 37(1) : Business expenditure-Participatory development expenses-CSR expenditures-Order of Tribunal is affirmed.
PCIT v. Ramesh Prasad Sao (2023) 295 Taxman 755 (Cal.)(HC)
S. 37(1) : Business expenditure-Capital or revenue-Replacements of parts of machinery-Allowable as revenue expenditure-Contribution to Sardar Vallabhbhai Rastriya Ekta Trust for construction of a statue of Sardar Vallabhbhai Patel-Enhance brand value-Allowable as deduction.
PCIT v. Gujarat State Fertilizers & Chemicals Ltd. (2023) 295 Taxman 282 (Guj.)(HC)
S. 37(1) : Business expenditure-Amount paid to retiring partner as per the provision in partnership deed-Diversion of income at source by overriding title-Allowable as deduction-Availed 2020-SLP of Revenue is dismissed as infructuous.[S. 4, Art. 136]
PCIT v. Wadia Ghandy & Co. (2023) 295 Taxman 229 (SC) Editorial: PCIT v. Wadia Ghandy & Co(2023) 155 taxmann.com 228 (Bom)(HC)
S. 32 : Depreciation-Goodwill created as a result of Amalgamation-Intangible asset-Order of Tribunal allowing the depreciation is affirmed. [S.47, 49(1)(e), 55(2)]
PCIT v. Eltek SGS (P.) Ltd. (2023) 457 ITR 733 / 295 Taxman 40 (Delhi)(HC)