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. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Land dealing-Stock in trade-Cash payment was not claimed as expenditure-Disallowance is not justified. [R. 6DD]
Vikrant Happy Homes (P) Ltd. v. Dy. CIT (2022) 218 TTJ 1 (UO) / 138 taxmann.com 559 (Pune) (Trib)
S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Agricultural produce-Payments for purchases of sugarcane-Not disallowable. [R. 6DD(e)
Dy. CIT v. Laxmipathi Balaji Sugar and Distilleries P. Ltd. (2022)100 ITR 58 (SN)(Delhi) (Trib)
S. 40A(2)(b) : Expenses or payments not deductible-Excessive or unreasonable-Remuneration of directors of Private company-Directors paying taxes at maximum rate-Disallowance of payment in excess of 20 Per Cent. of net Profit not sustainable.
Carmel Softech Pvt. Ltd. v. ITO (2022)96 ITR 34 (SN) (Chennai) (Trib)
S. 40A(2)(b) : Expenses or payments not deductible-Excessive or unreasonable-Salary to directors and daughter-in-law-Not justified in partly disallowing salary payments.
Balani Infotech (P) Ltd. v. ACIT (2022) 219 TTJ 64 (UO) / (2023) 146 taxmann.com 410 (Delhi) (Trib)
S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-International Transactions-Deduction of tax at source-External commercial borrowing from Foreign Company-Assessee Liable to Deduct Tax on Interest Payment-Grossing up tax deducted portion with interest paid and claiming deduction-Contrary to inter-party agreement and law. [S. 92C]
Lite-On Mobile India Pvt. Ltd. v. Dy. CIT (2022)96 ITR 352 (Chennai) (Trib)
S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Commission-Allowable as deduction.
ACIT v. Rohit and Co. (2022)97 ITR 223 (Kol) (Trib)
S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Interest-Higher rate-Business urgency-allowable as deduction [S. 37(1), 40A(2)(b)]
ACIT v. Rohit and Co. (2022)97 ITR 223 (Kol.) (Trib)
S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Rent to partners-Business activities carried out from the said premises-Order of CIT(A) deleting the addition was affirmed. [S. 37(1), 40A(2)(b)]
ACIT v. Rohit and Co. (2022)97 ITR 223 (Kol) (Trib)
S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Rate of 18 percent-Bank charges at 15 percent-Disallowance is not justified. [S. 40A(2)(a)]
Brothers R. Kothari v. Dy. CIT (2022) 217 TTJ 17(UO) (Raipur)(Trib)
S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable Salaries to related parties-Assessing Officer failed to give fair market value to show excessiveness-Invocation fundamentally wrong-Payment allowable.
ACIT v. Praveen Sushil Kanda (2022)98 ITR 345 (Raipur)(Trib)