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. 44 : Insurance business-Computation of profits-The rules contained in the First Schedule appended to the Act will determine the manner in which the profits and gains of insurance business are to be ascertained. [S.14, 28, 43B, 199]
Sahara India Life Insurance Co. Ltd. v. ACIT (2023)457 ITR 548/150 taxmann.com 23(Delhi)(HC)
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Liability is converted into loan and repaid-Deletion of addition is justified.
PCIT v. Arvind Kumar Arora (2023)457 ITR 258 /156 taxmann.com 266 (Delhi)(HC)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Credit card processing fees-Not commission-Not liable to deduct tax at source.[S. 194H]
PCIT v. Spice Jet Ltd. (2023)457 ITR 595 (Delhi)(HC)
S. 37(1) : Business expenditure-Capital or revenue-Construction and handing over of transmission lines sub-station-Revenue expenditure.
CIT v. Bannari Amman Sugars Ltd (2023)457 ITR 246/(2022) 145 taxmann.com 276 (Mad)(HC)
S. 32 : Depreciation-User of asset-Pollution control devices-Order of Tribunal is affirmed.
PCIT v. Nestle India Ltd. (No. 1) (2023)457 ITR 210/153 taxmann.com 150 (Delhi)(HC)