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)(ii) : Amounts not deductible-Rates or tax-Education cess and secondary and higher education cess deductible.

Expeditors International (India) Pvt. Ltd. v. Dy. CIT (2022)95 ITR 393 (Delhi) (Trib)

S. 40(a)(ii) : Amounts not deductible-Rates or tax-Net interest paid to bank-As per terms of the agreement-Withholding tax-Matter remanded for verification. [S. 37(1)]

Hyundai Steel India P. Ltd v. Dy. CIT (2022) 95 ITR 65 (Chennai)(Trib)

S. 40(a)(ii) : Amounts not deductible-Rates or tax-Deduction of tax at source is not in nature of Income-Tax-Interest paid upon late payment of deduction of tax at source cannot be disallowed. [S. 28, 37(1), 199, 201(1a)]

Welkin Telecom Infra (P.) Ltd. v. Dy. CIT (2022)96 ITR 475 (Kol) (Trib)

S. 40(a)(ii) : Amounts not deductible-Rates or tax-Education cess-Not allowable as deduction. [S. 37(1), Finance Act, 2011, 2(11)]

Dy. CIT v. Kanoria Chemicals & Industries Ltd. (2022) 215 TTJ 1003 (Kol)(Trib)

S. 40(a)(ic) : Amounts not deductible-Fringe benefit tax-Paid aboard-FBT paid in Australia is eligible for deduction. [S. 37(1)]

Capgemini Technology Services India Ltd. v. Dy. CIT (2022) 220 TTJ 409 (Pune) (Trib)

S. 40(a)(ib) : Amounts not deductible-Equalisation levy-Failure to deduct equalisation levy-Specified services-Chanalising the funds for advertisement-Websites-Disallowance not attracted.[Finance Act, 2016, S.165]

Dy.CIT v. Prakash Chandra Mishra (2022) 100 ITR 300/(2023) 198 ITD 124/ 221 TTJ 833 (Jaipur)(Trib)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Management fees paid overseas, transfer pricing additions-Double taxation-Addition was deleted. [S. 92CA]

McCain Foods India (P) Ltd. v. ACIT (2022) 215 DTR 148 / 218 TTJ 393 / 141 taxmann.com 164 (Delhi)(Trib)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Subsequent amendment to law with retrospective effect requiring deduction of tax at source-Disallowance is not justified. [S. 195]

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

S. 40(a)(ia) : Amounts not deductible-Deduction at source-On Payment of commission and interest in subsequent year-Rate of tax same-Order of CIT(A) is affirmed. [S.194A, 194H]

ITO v. H. Omkarappa HUF (2022)95 ITR 26 (SN)(Bang) (Trib)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Recipients shown the amount in their return of income-Certificate was produced first time before the Appellate Tribunal-Matter remanded to the Assessing Officer for verification. [S. 201(1), 201(1A)]

George Maijo Industries P. Ltd v. ITO (2022) 95 ITR 67 (SN) (Chennai)(Trib)