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-Foreign exchange difference-As on the date of the balance sheet-Allowable as a deduction-Provision for the stock-Ad-hoc basis-Contingent-Not allowable as a deduction-System of accounting-Followed continuously-Presumed to be correct. [S. 145]
Venture Lighting India Ltd. v. ACIT (2022) 195 ITD 109 / (2023) 102 ITR 354 (Chennai)(Trib.)
S. 37(1) : Business expenditure-Setting up of business-Business expenditure claimed towards employees cost, depreciation etc. allowable as a deduction.
Orient Green Power Co. Ltd. v. ACIT (2022) 195 ITD 49 (Chennai) (Trib.)
S. 36(1)(vii) : Bad debt-Amounts are written off-AO cannot disallow bad debts on the ground that the sum was prematurely written off. [S. 36(2)(i)]
ACIT v. Syed Habibur Rehman (2022) 195 ITD 480 (Delhi) (Trib.)
S. 35AD : Deduction in respect of expenditure on specified business-Hotels-Approval was delayed-The matter was to be remanded back to Assessing Officer with the direction that if the delay was established, the assessee was to be allowed deduction.
Robust Hotels (P.) Ltd. v. DCIT (2022) 195 ITD 132 (Chennai) (Trib.)
S. 32 : Depreciation-Windmills-Second owner-purchased used windmill which was installed before 31-3-2012-Not dismantled-Appendix-I of rule 5-Entitle for depreciation at the rate of 80 per cent.
Senthil Energy (P.) Ltd. v. ITO (2022) 195 ITD 473 (Chennai) (Trib.)
S. 32 : Depreciation-Purchase of ERP SAP software-Entitle to depreciation at 60 per cent.
Arkema Chemicals India (P.) Ltd. v. ACIT (2022) 195 ITD 486 (Mum.)(Trib.)
S. 32 : Depreciation-Non-compete fee-Intangible asset-Depreciation not allowable-Capital expenditure. [S. 32(1)(ii)]
Sagar Ratna Restaurants (P.) Ltd. v. ACIT (2022) 195 ITD 88 (Delhi)(Trib.)
S. 28(i) : Business loss-Stocks written off-Claim made under sundry balance written off-Allowable as business loss. [S. 37(1)]
ACIT v. Uniworth Textiles Ltd. (2022) 195 ITD 675 (Kol.) (Trib.)
S. 28(i) : Business income-Rental income-Memorandum of Association-Main object was to acquire properties such as land and building, leasehold or freehold, and also to earn rental income-Leave and licence-Tax deducted at source-Deduction of tax at source by payer cannot determine taxability in the hands of recipients-Rental income assessable as business income and not as income from house property. [S. 22, 194I]
Nisarg Realtors (P.) Ltd. v. ACIT (2022) 195 ITD 402 (Mum.) (Trib.)
S. 24 : Income from house property-Deductions-Interest on loan-Loans for purchasing flats-Further loan borrowed for repayment of earlier loans-Allowable as a deduction. [S. 22, 24(b)]
Subir Kumar Banerjee v. ACIT (OSD) (2022) 195 ITD 366 (Nagpur)(Trib.)