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. 37(1) : Business expenditure-Interest on debentures or compulsorily convertible debentures-Added to work in progress-Builder-Excess interest is required to be added back proportionately to total income as and when corresponding amount of work-in-progress reversed on sale of Flats/Plots [S. 145]

City Corporation Ltd. v. Dy. CIT (2022) 96 ITR 246 (Pune) (Trib)

S. 37(1) : Business expenditure-Accrued or Contingent Liability-Provision for warranty-Ad-hoc basis-Not deductible.

BGR Energy Systems Ltd. v. ACIT (2022) 96 ITR 625 (Chennai) (Trib)

S. 37(1) : Business expenditure-Capital or revenue-Expenditure on rented premises-Not allowable as revenue expenditure. [S. 32]

Dy. CIT v. Atlas Copco (India) Ltd (No.1) (2022) 96 ITR 520 (Pune)(Trib) Dy. CIT v. Atlas Copco (India) Ltd (No.2) (2022) 96 ITR 566 (Pune)(Trib)

S. 37(1) : Business expenditure-Commission expenditure-Mere inability to furnish the confirmation letters from the parties commission payment cannot be disallowed.

Dy.CIT v. Atlas Copco (India) Ltd (No.1) (2022) 96 ITR 520 (Pune)(Trib) Dy. CIT v. Atlas Copco (India) Ltd (No.2) (2022) 96 ITR 566 (Pune)(Trib)

S. 37(1) : Business expenditure-Education cess on secondary and higher education cess-Not allowable as deduction. [S. 40(a)(ii)]

United Spirits Ltd. v. Dy. CIT (2022)97 ITR 272 (Bang) (Trib)

S. 37(1) : Business expenditure-Expenditure on sponsoring sports-Allowable as revenue expenditure.

United Spirits Ltd v. Dy CIT (2022) 97 ITR 272 (Bang)(Trib)

S.37(1): Business expenditure-Foreign travel-Disallowance of Rs. 2.5 lakh confirmed.

M. V. A. Seetharama Raju v Dy. CIT (2022) 97 ITR 714 (Chennai) (Trib)

S. 37(1) : Business expenditure-Redeemable gift vouchers-No evidence doubting genuineness of the expenditure-Disallowance is not justified.

ACIT v. Rohit and Co. (2022)97 ITR 223 (Kol)(Trib)

S. 37(1) : Business expenditure-Aircraft Lease Rental-Lessor eligible to claim depreciation-Lessee eligible to claim deduction on rental payments of the aircrafts-Accounting standard created distinction between finance lease and operating lease-Not applicable-Allowed in earlier years-Principle of consistency followed.[S. 32, 145]

Jindal Steel and Power Ltd. v. Add. CIT (2022) 97 ITR 516 (Delhi) (Trib)

S. 37(1) : Business expenditure-Construction of hospital and school auditorium for benefits of employees-expense made wholly for the purpose of business-Allowable as deduction

Jindal Steel and Power Ltd. v. Add. CIT (2022)97 ITR 516 (Delhi) (Trib)