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. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Creditors outstanding for a long time-The amount due to the creditors is not chargeable to tax.

Kumar Urban Development (P) Ltd. v. DCIT (2025) 237 TTJ 881 (Pune)(Trib)

S. 40A(3): Expenses or payments not deductible-Cash payments exceeding prescribed limits-Alleged non-genuine purchases-lack of proper enquiry-Matter is restored to the AO with a direction to conduct a de novo assessment on this issue after carrying out proper and comprehensive enquiry regarding various aspects.[S.133(6)]

Shital Vipulkumar Dholakia v. ITO (2025) 237 TTJ 1045 (Ahd)(Trib)

S.40(a)(iib): Amounts not deductible-Business expenditure-Collection and payment of privilege fee, special privilege fee, etc. to the State Government-Disallowance was deleted. [S.37(1), A.P. (Regulation of Trade in Indian made Foreign Liquor, Foreign Liquor) Act, 1993, S 4]

Andhra Pradesh Beverages Corporation Ltd. v. DCIT (2025) 237 TTJ 716 / 175 taxmann.com 567 (Hyd)(Trib)

S. 40(a)(i): Amounts not deductible-Deduction at source-Non-resident-Fees for technical services-Marketing support services-Payment cannot be taxed in view of the application of provisions of s. 90(2)-Payment made to ADP cannot be disallowed under S. 40(a)(i) for non-deduction of TDS under S. 195-DTAA-India-Australia [S. 9(1)(vii), 90(2), 195 Art. 7, 12(3)]

ADP (P) Ltd. v. DCIT (2025) 237 TTJ 1080/ 177 taxmann.com 708 (Hyd)(Trib)

S.37(1): Business expenditure-Insurance premium paid on the insurance policy of a partner-Loan was granted with the condition of obtaining an insurance policy of one partner-Allowable as business expenditure.

Pankaj Enterprises v. Dy. CIT (2025) 237 TTJ 497 (Mum) (Trib)

S.37(1): Business expenditure-Penalty, fine, etc.-Payment made to intermediaries/ aggregators towards outsourcing of policy servicing activities-The payment made to the aggregators is allowable as a deduction.

HDFC Ergo General Insurance Company Ltd. v. ACIT (2025) 237 TTJ 105 (Mum) (Trib)

S. 35: Expenditure on scientific research-Non-submission of Form No. 3CL-Weighted deduction not allowable-Allowable as a deduction under S 35(1)(i) and 35(1)(iv). [S. 35(1), 35(1)(iv), 35(2AB)]

Laxmi Organic Industries Ltd. v. DCIT (2025) 237 TTJ 268 / 177 taxmann.com 118 (Mum) (Trib)

S. 32: Depreciation-Copyrights-Block of assets-Depreciation was allowed in earlier years-The AO is directed to delete the disallowance of depreciation.[S. 2(11), 32(1)(ii)]

Ebix Travels (P) Ltd. v. DCIT (2025) 237 TTJ 751/ 178 taxmann.com 68 (Bang)(Trib)

S.32: Depreciation-Intangible asset-Goodwill arising pursuant to amalgamation-Depreciation on goodwill is allowable-Unabsorbed-Carry forward and set off-Depreciation once allowed cannot be disregarded in subsequent years for the purposes of S. 32(2) [S. 32(2)]

DCIT v. Reckit Benkiser Healthcare India (P) LTD. (2025) 237 TTJ 129 / 176 taxmann.com 573 (Ahd)(Trib)

S. 28(i): Business income-Income from house property-Leave and licence-Infrastructural facilities-Taxable as business income-Common area maintenance-Taxable as income from house property.[S. 22]

Pankaj Enterprises v. Dy. CIT (2025) 237 TTJ 497 (Mum)(Trib)