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-Chartered Accountants firm-Payment of subscription fees and reimbursement of its share to international group entity-Allowable as deduction-Criminal complaint filed against partner of firm related business of firm-Professional fees paid towards defending suit in the name of partner-Allowable as business expenditure.

Deloitte Haskins and Sells v. ACIT (2021) 86 ITR 121 / 211 TTJ 89 / 202 DTR 349 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Power and fuel expenses-No defect in books of account-Financial statement audited-Ad Hoc Disallowance is held to be not justified. [S. 145]

ACIT v. Ariba Foods Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.) ACIT v. Vyanktesh Plastics and Packaging Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.) ACIT v. Famous Vanijya Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.)

S. 36(1)(va) : Any sum received from employees-Employees’ contribution to provident fund and employees’ state insurance corporation-Delay in depositing-Deduction allowable. [S. 37(1)]

ACIT v. Ariba Foods Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.) ACIT v. Vyanktesh Plastics and Packaging Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.) ACIT v. Famous Vanijya Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Fresh loan taken for repaying loan taken earlier-Interest paid on fresh loan allowable as deduction.

Suumeru Enterpises v. ITO (2021) 86 ITR 425 (Jaipur)(Trib.)

S. 32 : Depreciation-Temporary discontinuance of business-Lull in the business-New assets acquired during the year-Depreciation allowable.

Suumeru Enterpises v. ITO (2021) 86 ITR 425 (Jaipur)(Trib.)

S. 32 : Depreciation-Car parked at premises of managing director-Gym Equipment-Depreciation cannot be disallowed on the ground that it was used by the managing director.

ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)

S. 32 : Depreciation-Computer software-Intangible asset-Entitle to depreciation at 60%.

Dy.CIT v. MPS Infotecnics Pvt. Ltd. (2021) 86 ITR 141 / 211 TTJ 230 / 201 DTR 209 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Running Hospital, Pharmacy and Diagnostic Centre-Maintaining separate books of account-Receiving subsidies from Government-Denial of exemption was not justified. [S. 2(15), 12AA, 13]

Dy. CIT(E) v. Punjab Medical Foundation Charitable Trust (2021) 86 ITR 495 (Chad.)(Trib.)

S. 11 : Property held for charitable purposes-No changes in the nature of activities-Principle of consistency should be followed-Mutuality-Once the activities of the assessee-society were charitable, the principle of mutuality became superfluous. [S. 2(15) 12, 12A, 13]

ACIT(E) v. India Habitat Centre (2021) 86 ITR 290 (Delhi)(Trib.)

S.147: Reassessment – After the expiry of four years – Change of opinion – Subsidy – Provision for expenses – Query raised during assessment proceedings – Reply filed – It is not necessary that the assessment order should contain reference or discussion in the assessment order -Order was quashed – Court observed that the order of disposal of objections in to 21 pages and referring 68 case laws without referring the issue under consideration – Faceless Assessing Officer has only wasted his time in writing unsustainable order on objections . [ S. 4, 37(1)), 143(3), 148 ,Art , 226 ]

Hitech Corporation Ltd ( Formerly Known as Hitesh Plast Ltd ) v. ACIT ( Bom)( HC) www.itatonline .org.