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-Employees’ Stock Option Scheme-Deducted tax at source in respect of share-based compensation under taxed in hands of employees as perquisite-Cross-charge expenses-Allowable as deduction-Assessing Officer was directed to verify whether amount subject to tax deduction at source-Matter Remanded. [S. 15, 17(1), 40(a)(i), 192, 195]
EIT Services India Pvt. Ltd. v. Dy CIT (2022) 100 ITR 490 (Bang.)(Trib.)
S. 37(1) : Business expenditure-Capital or revenue expenditure-Temporary structure-100% depreciation is allowable.[S. 32]
ACIT v. PSN Automative Marketing (P) Ltd (2022) 100 ITR 69 (Cochin) (Trib)
S. 37(1) : Business expenditure-Miscellaneous expenditure-Ad Hoc disallowance-Deletion is held to be proper.
Dy. CIT v. Mahendra Brothers Exports Pvt. Ltd. (2022) 99 ITR 537 (Mum)(Trib)
S. 37(1) : Business expenditure-Credit card expenses of employee-Matter remanded for verification.
Capgemini India Pvt. Ltd. v. Dy. CIT (2022) 99 ITR 506 (Mum)(Trib)
S. 37(1) : Business expenditure-Capital or Revenue Expenditure-Payment for acquisition of application software-Revenue expenditure.
Altisource Business Solutions Pvt. Ltd. v. ITO (2022) 99 ITR 647 (Bang) (Trib)
S. 37(1) : Business expenditure-Financial assistance to meritorious students-Not contingent-Allowable as deduction-Capital or revenue-Expenditure for new electricity connection and Meter cost-Internet networking expenses-Payment to Municipality for name transfer fee-allowable as revenue expenditure-Expenses incurred for extension of height of existing boundary wall-Capital expenditure-Fines and penalties-Expenses for regularisation of construction of old building-Penalty imposed by Urban Improvement Trust on account of unauthorised construction-Not allowable as business expenditure.[S. 145]
Allen Career Institute v. JCIT (2022) 99 ITR 269 (Jaipur) (Trib)
S. 37(1) : Business expenditure-Ex gratia payment-Deduction should be allowed although liability may have to be quantified and discharged at future date-Matter remanded. [S. 145]
Karnataka State Beverages Corporation Ltd. v. ACIT (2022) 99 ITR 325 (Bang) (Trib)
S. 37(1) : Business expenditure-Expenditure is not substantiated with valid vouchers-Disallowance is affirmed.
Mahamedha Urban Co-Operative Bank Ltd. v. Dy. CIT (2022) 99 ITR 669 (Delhi) (Trib)
S. 37(1) : Business expenditure-Capital or revenue-Application software-Net working with 125 branches-Allowable as revenue expenditure.
ACIT v. Kotak Mahindra Bank Ltd (As successor in business of eralt while, Vysya Bank Ltd (2022) 215 TTJ 409 /210 DTR 81 (Bang)(Trib)
S. 37(1) : Business expenditure-Post-production expenses of feature film-Producer and distributor-Allowable as business expenditure-Rule 9A or Rule 9B is not applicable. Reassessment on change of opinion is bad in law-Resale of set material-Estimated at 5 per cent of total cost incurred on such set materials. [S. 143(3), 147, 148 Rule, 9A, 9B]
ACIT v. A.M. Ratnam (2022) 215 TTJ 665 / 210 DTR 1 (Chennai)(Trib)