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-Transhipment charges-Outstanding for three years-Offered to tax in 2011-12-Justified in deleting. [S. 145]

ACIT v. United Shippers Ltd. (2022) 97 ITR 94 (Mum) (Trib)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Outstanding liability-Addition is not justified.

ACIT v. Milroc Good Earth Property & Development LLP (2022) 217 TTJ 52 (UO)/ 142 taxmann.com 149 (Panaji)(Trib)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Profits on buy-back of foreign currency convertible bonds-Furnishing certificate of Chartered Accountant-No part of proceeds utilised towards non-capital expenditure-Addition is not justified. [S. 28(iv)]

Nahar Industrial Enterprises Ltd. v. Dy. CIT (2022) 99 ITR 562 (Chd) (Trib)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Outstanding sundry creditors shown in the books-Addition cannot be made.

G.S. Entertainment v. ACIT (2022) 220 DTR 49 / 220 TTJ 885 (Mum)(Trib)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Waiver of interest-Estimate made-No proof for waiver of interest-Deletion of addition is affirmed.

Dy.CIT v. Hyderabad Educational Institutions (P) Ltd (2022) 218 TTJ 487 (Hyd)(Trib)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Loans outstanding in the balance sheet-Addition cannot be made.

G.S. Entertainment v. ACIT (2022) 220 TTJ 885 / 220 DTR 49 (Mum)(Trib)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Capital or revenue-Assets and liabilities of subsidiary absorbed by holding company-Written off-Advance for purchase of tools-Not assessable as business income. [S. 28(iv)]

Dy.CIT v. Cooper Standard Automotive India P. Ltd. (2022) 98 ITR 59 (SN) (Chennai) (Trib)

S. 40A(9) : Expenses or payments not deductible-Bonus to employees-Employees welfare fund-Voluntary retirement Scheme-Allowable as deduction. [S. 10(10C), 37(1)]

Rane Engine Valves Ltd. v. Dy. CIT (2022) 95 ITR 5 (SN) (Chennai)(Trib)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Most of payments made on Saturday/Sunday-Payments covered u/r. 6DD-Outside the scope of section 40A(3). [R. 6DD]

Popular Foundations (P) Ltd. v. ACIT (2022) 209 DTR 18 / 215 TTJ 260 (Chennai)(Trib)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Expenditure not debited to profit and loss account-Disallowance cannot be made.

Rainbow Promoters (P.) Ltd. v. ACIT (2022) 95 ITR 232 (Delhi) (Trib)