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. 56: Income from other sources-Shares purchased for trading purposes-Stock in trade-Shares purchased for trading purposes, provisions of section 56(2)(viia) cannot be applied. [S. 562(viia)]
Utility Supply (P) Ltd. v. DCIT (2025) 235 TTJ 601 /124 ITR 324 / 174 taxmann.com 250 (Mum)(Trib)
S.54F: Capital gains-Investment in a residential house-Purchase of house property-Execution of sale deed beyond the specified period-MoU on 21st Aug., 2015-Entitled to exemption. [S. 45]
DCIT v. Kruti Lalitkumar Jain (2025) 235 TTJ 32/ 170 taxmann.com 465 (Pune) Trib)
S. 40(a)(i): Amounts not deductible-Deduction at source-Non-resident-Payment of freight charges to foreign shipping companies-Disallowance was affirmed.[S. 5(2), 195]
OPG Power Generation (P) Ltd. v. ACIT (2025) 235 TTJ 286 (Chennai)(Trib)
S. 37(1): Business expenditure-State tax paid in USA-Not claimed any benefit of the tax paid in the USA under the provisions of S. 90/91-State tax paid in USA is allowable as deduction.
Bosch Global Software Technologies (P) Ltd. v. ACIT (2025) 235 TTJ 807 / 174 taxmann.com 76 (Bang)(Trib)
S.37(1): Business expenditure-Advertisement material and goods-Purchase of icebox and plastic tables and chairs, bearing the logo-Allowable as business expenditure.
ACIT v Ludhiana Beverages (P) Ltd. (2025) 235 TTJ 535 (Amritsar)(Trib)
S.37(1): Business expenditure-Foreign exchange fluctuation loss-Working capital-Allowable as a deduction. [S. 145, AS-11]
Vgm Export v. JCIT (2025) 235 TTJ 526 / 172 taxmann.com 819 (Panaji) (Trib)
S. 36(1)(iii): Interest on borrowed capital-Percentage of completion method for recognizing the revenue-ICDS IX provisions are not applicable to asst. yr. 2014-15. There is no provision in s. 36(1)(iii) to apportion the interest cost between the work-in-progress and the sales-Interest allowable as deduction.
DCIT v. Kolte Patil Integrated Townships Ltd. (2025) 235 TTJ 113 / (Pune)(Trib)
S. 35: Expenditure on scientific research-Approval by prescribed authority-The deduction as claimed by the assessee under s. 35(2AB) is to be allowed-Prior to the amendment of R. 6, the provision of S 35(3) did not provide for referring to DSIR for determining the amount of expenditure eligible for deduction. [S.35(2AB), 35(3), R.6 (7A)]
E.I.D. Parry India Ltd. v DCIT (2025) 235 TTJ 485 (Chennai)(Trib)
S. 32AC: Investment in new plant or machinery-Computers used in the business of development of computer software-Eligible for investment allowance-Remanded for verification.
Bosch Global Software Technologies (P) Ltd. v. ACIT (2025) 235 TTJ 807 / 174 taxmann.com 76 (Bang) Trib)
S. 32: Depreciation-Additional depreciation-Computers used for the production of software-Plant and machinery-Eligible for additional depreciation. [S. 32(1)(iia)]
Bosch Global Software Technologies (P) Ltd. v. ACIT (2025) 235 TTJ 807 / 174 taxmann.com 76 (Bang)(Trib)