S. 40(a)(iib) : Amounts not deductible-Guarantee commission-Not liable to deduct tax at source-Not in the nature of levy on a State Government undertaking by State Government-Contract payment-Allowable as business expenditure. [S. 37(1)]
Krishna Bhagya Jala Nigam Ltd. v. ACIT (2022) 192 ITD 666 (Bang.)(Trib.)
Digest of case laws
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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)(ii) : Amounts not deductible-Rates or tax-Additional ground admitted-Education Cess and Higher and Secondary Education Cess are allowable as deduction. [S. 28(i), 37(1), 254(1)]
Ashok Kirtanlal Shah v. ACIT (2022) 192 ITD 193 (Mum.) (Trib.)S. 40(a)(ia) : Amounts not deductible-Deduction at source-Copies of PAN along with copies of invoices of transportation bill etc. was furnished-Disallowance cannot be made on technical ground. [S. 194C (7)]
Mohmed Shakil Mohmed Shafi Mutawalli v. (2022) 192 ITD 130 (Ahd.)(Trib.)S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-Software purchased is a copyrighted article-Not liable to deduct tax at source-DTAA-India-USA. [S. 9(1)(vi), 195, Art. 9]
Plintron Mobility Solutions (P.) Ltd. v. ITO (2022) 192 ITD 556 (Chennai)(Trib.)S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Fes for technical services-Grant of license to use its intellectual property and also availed of management services-Services were managerial in nature and not technical services-Not liable to deduct TDS on same-DTAA-India-UK. [S. 195, Art. 13(4)]
Lloyd’s Register Asia (India Branch Office) DCIT(IT) (2022) 192 ITD 455 (Mum.)(Trib.)S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission payment-Not liable to deduct tax at source-DTAA-India-France. [S. 9(1)(vi), 195, Art. 7, 12]
Rajinder Kumar Aggarwal (HUF) v. DCIT (2022) 192 ITD 1 (Delhi) (Trib.)S. 37(1) : Business expenditure-Real estate business-New project-Work in progress-Sales promotion and advertisement expenses-allowable as revenue expenditure. [AS. 2]
DCIT v. Macrotech Developer Ltd. (2022) 192 ITD 438 (Mum.) (Trib.)S. 37(1) : Business expenditure-Freebies to doctors-Matter referred to larger bench of three or more members to consider question as to allowability of expenditure. [S. 143(3), 153A Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. S. 20A]
DCIT v. Macleods Pharmaceuticals Ltd. ( 2021) 206 DTR 337/ (2022) 192 ITD 513 (Mum.)(Trib.) Editorial : Finance Act, 2022 amended the provision by inserting explanation 3 to section 37(1) of the Act w.e.f. 1/4/2022.S. 37(1) : Business expenditure-Sub-brokerage-Held to be allowable as deduction.
Shivnarayan Nemani Shares & Stock Brokers (P) Ltd. v. DCIT (2022) 192 ITD 50 (Mum.)(Trib.)S. 37(1) : Business expenditure-Freight inward expenses-Incurred in cash-Supported by self made vouchers-Disallowance is restricted to 7.5 %.
Motor Machinery Tools. v. ACIT (2022) 192 ITD 42 (SMC) (Kol.)(Trib.)