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. 44AD : Presumptive taxation-Contract receipts-Contract and sub-contract-Income to be estimated at 8 percent on contract receipt and 5 percent on sub-contract receipts only-Scrap sales to be treated as business receipts taxable at 8 percent.

TCI Constructions Ltd. v. Dy. CIT (2021) 87 ITR 45 (SN) (Hyd.)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Not claimed as expenditure-Books of account not rejected-No disallowance can be made-Additional payment for purchase of land-Deduction not claimed-No disallowance can be made. [S. 37(1), 145]

USG Buildwell Pvt. Ltd. v. Add. CIT (2021) 87 ITR 151 (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source Tax deducted from payments to contractor-Tax was deposited with interest for delay prior to competition of assessment-Disallowance is not justified. [S. 37(1), 201(IA)]

Srabani Constructions Pvt. Ltd. v. ACIT (2021) 87 ITR 7 (SN) (Cuttack) (Trib.)

S. 37(1) : Business expenditure-Interest rate hedging contract-Underlying transaction was interest payable on loan-Loss or gain from interest rate swap arrangement is revenue.

Dy. CIT v. Sisecam Flat Glass India Ltd. (2021) 87 ITR 1 (SN) (Kol.) (Trib.)

S. 37(1) : Business expenditure-Provision for warranty claims-Estimate of provision on basis of past historical trend of warranty claims not reliable-Provision not allowable. [S. 145]

Senior India P. Ltd. v. Dy.CIT (2021) 87 ITR 62 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Payment to sub-broker-Statement of third party was not confronted-No disallowance can be made.

Dy. CIT v. Realistic Realitors Pvt. Ltd. (2021) 87 ITR 30 (SN) (Delhi) (Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Market research expenses-Allowable as revenue expenditure.

Add. CIT v. Bunge India Pvt. Ltd. (2021) 87 ITR 34 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Prior period interest-Omission to book expenditure to closing work-in-progress rectified during year-No disallowance warranted. [S. 145]

Citywood Builders Pvt. Ltd. v. Dy.CIT (2021) 87 ITR 83 (SN) (Mum.) (Trib.)

S. 37(1) : Business expenditure-Employees’ Stock option plan-Loss on account of stock options-Allowable as deduction-Provision for gratuity-Allowable as deduction-Provision for approved gratuity fund-Allowable as deduction-Advance to employees welfare fund-Interest not disallowable. [S. 36(1)(iii), 40A(7), 43B]

Bharat Financial Inclusion Ltd. v. Dy.CIT (2021) 87 ITR 80 (SN) (Hyd.)(Trib.)

S. 37(1) : Business expenditure-Debit of claim charges-Self made vouchers-No disallowance can be made-Ad hoc disallowance of 10 per cent-Not sustainable [S. 145]

Bajaj Parivahan P. Ltd. v. ITO (2021) 87 ITR 74 (SMC)(SN) (Kol.)(Trib.)