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
Click here to download the pdf versions of the Digest of case laws

S. 40(a)(i): Amounts not deductible-Deduction at source-Non-resident-Fees for technical services-Services rendered and utilised outside India -No tax deductible at source -Disallowance was deleted. [S. 9(1)(vii)(b), 195]

QAI India Ltd. v. Dy. CIT (2025) 128 ITR 445 (Delhi)(Trib.).

S. 37(1): Business expenditure -Business set up but not commenced -Expenditure allowable after setting up of business. [S. 4, 28, 56, 57(iii)]

Shapoorji Pallonji Energy (Gujarat) (P.) Ltd. v. Dy. CIT (2025) 128 ITR 427 (Trib.).

S. 37(1): Business expenditure -Ad hoc disallowance -No defect in books of account or audited accounts -Disallowance not sustainable. [S. 44AB, 145]

Sarvodaya Mining Services v. Asst. CIT (2025) 128 ITR 267 (Jodhpur)(Trib.).

S. 37(1): Business expenditure-Foreign exchange fluctuation loss -Mark-to-market loss -Reinstatement of assets and liabilities -Allowable as a deduction. [S.28(1)]

Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR 387 (Delhi) (Trib.)

S.37(1): Business expenditure-Grants-in-aid -Expenditure for promotion of housing and urban development -Allowable as a deduction.

Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR 387 (Delhi)(Trib.)

S. 37(1): Business expenditure-Prior period expenditure -Crystallisation of liability –Allowable in year of claim, subject to verification. [S. 145]

Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR 387 (Delhi) (Trib.)

S. 37(1) : Business expenditure -Corporate Social Responsibility (CSR) expenditure-Assessment years prior to 01.04.2015-Allowable as deduction.

Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR 387 (Delhi) (Trib.)

S. 37(1) : Business expenditure-Stock-in-trade -Conversion and development expenses-AO disallowed expenditure treating same as capital expenditure-Assessee demonstrated that amount was included in closing stock -Adjustment was revenue neutral -Addition was unjustified.

Anjana Construction v. ACIT (2025) 128 ITR 148 (Jodhpur)(Trib.)

S. 36(1)(viii): Eligible business-Special reserve-Interest on FDRs and project loan bonds -Eligible business income -Deduction available.

Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR 387 (Delhi) (Trib.)

S. 36(1)(va): Employees’ contribution to PF/ESI -Prima facie adjustment under section 143(1) -Matter remanded for verification of employees’ and employer’s contributions. [S. 43B, 139(1), 143(1)(a)(iv)]

Atamjeet Singh Sandhu v. ITO (2025) 128 ITR 407 (Chd.)(Trib.).