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. 45 : Capital loss-Sale of shares-Related entity-Avoidance of tax-Sham transaction-Capital Loss-Transactions not colourable device-Disallowance of long-term, and short-term, capital loss is not justified-Carry forward and set off-Amalgamation-Entitled to manage its business affairs as it deems fit within legal framework-Loss is allowable. [S. 72, Companies Act, 2013,S.19]
Dy. CIT v. Welspun Steel Ltd. (2024)114 ITR 107 /229 TTJ 485 (Mum)(Trib)
S.43B: Deductions on actual payment-Statutory dues-Write-Back from taxable income-Provision offered to tax in earlier year and written back in subsequent year not taxable-Matter remanded for verification.
Hindalco Industries Ltd. v. Dy. CIT (2024)114 ITR 502 (Mum)(Trib)
S. 43A : Rate of exchange-Foreign currency-Business expenditure-Capital or revenue-External commercial borrowing loans-Loss on reinstatement of external commercial borrowing-Mere reinstatement of losses per Accounting Standards without actual payment or remittance-Addition cannot be made-Additional ground is admitted. [S.37(1), 254(1)]
Bando (India) P. Ltd. v. Dy. CIT (2024)114 ITR 275 (Delhi)(Trib)
S. 40A(2): Expenses or payments not deductible-Excessive or unreasonable-Payment to related parties-Deletion is justified. [S.40A(2)(b)]
Intas Pharmaceuticals Ltd. v. ACIT (2024)114 ITR 434 (Ahd)(Trib)
S. 40A(2): Expenses or payments not deductible-Excessive or unreasonable-Service charges paid to group company-Common management services-Disallowance is deleted.
Hindalco Industries Ltd. v. Dy. CIT (2024)114 ITR 502 (Mum)(Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Mobilisation advance-Joint venture-Issue restored to Assessing Officer for verification.
Punj Lloyd Alcon Lk Goyal (JV) v. ITO (2024)114 ITR 36 (SN)(Delhi)(Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Payments to contractors and professional or technical service fee-Deducted lower rate of tax-Disallowance is not justified.[S.194C, 194J]
ACIT v. First Advantage P. Ltd. (2024)114 ITR 45 (SN)(Mum)(Trib)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission-Disallowance is deleted.
Intas Pharmaceuticals Ltd. v. ACIT (2024) 114 ITR 546 (Ahd) (Trib)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission expense-Additional ground not considered-Matter remanded for de novo consideration. [S. 254(1)]
Intas Pharmaceuticals Ltd. v. ACIT (2024)114 ITR 434 (Ahd)(Trib)
S. 37(1) : Business expenditure-Amortisation of expenditure-Roc fees for share application money amortised over five years-Allowable as deduction.
Malbros Holdings P. Ltd. v. ITO (2024) 114 ITR 25 (SN)(Delhi)(Trib)