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-Creation of a reserve fund and transfer certain amount to such reserve as per section 45-IC of Reserve Bank of India Act, 1934-Not allowable as deduction. [S.115JB, Reserve Bank of India Act, 1934 S. 45-IC.]

Shriram City Union Finance Ltd. v. ACIT (2025) 302 Taxman 288 (Mad.)(HC)

S. 37(1) : Business expenditure-Securities held as stock in trade-Interest paid for broken period allowable as deduction-Rights issue of Fully Convertible Debentures (FCDs)-Expenditure on account of printing expenses, advertisement, professional fees, stamp duty and filing fees, bank charges, packages, etc-Allowable as deduction.

HDFC Bank Ltd. v. Dy. CIT (2025) 302 Taxman 460 (Bom.)(HC)

S. 37(1) : Business expenditure-Not shown any income from money lending business-No interest income-Expenditure is not allowable as deduction-SLP of assessee is dismissed. [S. 56, Art. 136]

Ashok J. Thapar HUF v. Dy. CIT (2025) 302 Taxman 364 (SC) Editorial : Ashok J. Thapar HUF v. Dy. CIT (2024) 169 taxmann.com 202 (Delhi)(HC)

S. 32 : Depreciation-Building-Building structure had been standing for 20 years and it was renovated and beautified for use as a conference hall-Only 10 per cent depreciation is allowable-Not a temporary structure-Delay of 344 days in filing SLP-Delay is not condoned. [Art. 136]

Bihar Police Building Construction Corporation (P.) Ltd. v. Pr. CCIT (2025) 302 Taxman 2 (SC) Editorial : Bihar Police Building Construction Corporation (P.) Ltd. v. Pr. CCIT (2024) 168 taxmann.com 258 (Patna)(HC)

S. 28(i) : Business income-Income from house property-Business of purchase and renting properties-Rule of consistency is followed-Order of Tribunal assessing the rental income as income from house property is set aside.[S. 22, 260A]

National Leasing Ltd. v. ACIT (2025) 302 Taxman 43 (Bom.)(HC)

S. 28(i) : Business income-Income from other sources-Fixed deposit interest-Short term deposit for opening LC or other business purposes-Matter remanded to the Assessing Officer-Order of High Court is affirmed.[S. 56, Art. 136]

XL India Business Services (P.) Ltd. v. ITO (2025) 302 Taxman 11 (SC) Editorial: XL India Business Services (P.) Ltd. v. ITO (2018) 94 taxmann.com 720 (Delhi)(HC)

S. 17(2) : Salary-Perquisite-Rent-free or concessional rent accommodations-Claim of assessee that perquisite value of Rent-free or concessional rent accommodations should be computed under Rule 3 considering its employees at par with Central Government employees is rejected-Proceedings under Sections 201 and 201(1A) were to be quashed, as assessee had made a bona fide estimate of perquisite value consistent with a similar ruling for another CSIR unit-SLP of the assessee is dismissed. [S. 15, 201, 201(IA), R. 3, Art. 136]

Central Food Technological Research Institute v. ITO (TDS) (2025) 302 Taxman 181 (SC) Editorial : Central Food Technological Research Institute v. ITO (TDS) (2024)168 taxmann.com 664 (Karn)(HC)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Non-resident company-Sales commission-Not in nature of Fee for Included Services (FIS)-DTAA-India-USA. [S.260A, Art. 12]

CIT v. Laserwords US Inc. (2025) 302 Taxman 216 (Mad)(HC)

S. 5 : Scope of total income-Interest on Government Securities-Right to receive interest on Government securities vested in assessee only on due date mentioned in securities and could not be said to have accrued to assessee on any date other than dates stipulated therein-Delay of 364 days-SLP of Revenue is dismissed on account of delay and also on merits. [S. 145, 245C, 245D, Art. 136]

ITSC v. Indusind Bank Ltd. (2025) 302 Taxman 270 (SC) Editorial : Indusind Bank Ltd v. ITSC (2023) 152 taxmann.com 489/ 456 ITR 376(Bom)(HC)

S. 5 : Scope of total income-Interest on Government Securities-Right to receive interest on Government securities vested in assessee only on due date mentioned in securities and could not be said to have accrued to assessee on any date other than dates stipulated therein-SLP of Revenue is dismissed. [S. 145, 245C, 245D, Art. 136]

ITSC v. Indusind Bank Ltd. (2025) 302 Taxman 423 (SC) Editorial : Indusind Bank Ltd v. ITSC (2024) 169 taxmann.com 588 (Bom)(HC)