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. 36(1)(vii) : Bad debt-Provision made in respect of doubtful debts-Reduced from balance sheet from sundry debtors / trade receivable.

Vidras India Ceramics (P.) Ltd. v. DCIT (2021) 190 ITD 551 (Ahd.) (Trib.)

S. 36(1)(va) : Any sum received from employees-Failed to make deposit of employee’s contributions to PF/ESI within due date specified under relevant statute-Not allowable as deduction. [S. 2(24)(x)]

Vidras India Ceramics (P.) Ltd. v. DCIT (2021) 190 ITD 551 (Ahd.) (Trib.)

S. 36(1)(va) : Any sum received from employees-Employee’s contribution towards PF/ESI-Payment was made after due date prescribed under relevant Act and before due date of filing of return-Allowable as deduction. [S. 2(24)(x)]

Yogi Ji Technoequip (P.) Ltd. v. DCIT CPC (2021) 190 ITD 517 (Delhi) (Trib.)

S. 35E : Expenditure on prospecting-Minerals-Business loss-Accumulation of expenses-Matter remanded. [S. 37(1)]

Indo Gold Mines (P.) Ltd. v. DCIT (2021) 190 ITD 862 / 89 ITR 42 (SN) (Bang.)(Trib.)

S. 35 : Scientific research expenditure-Research and development in defence aviation system-Allowable deduction u/s 35(1)(iv) of the Act. [S. 35(1)(iv), 37(1)]

Hindustan Aeronautics Ltd. v. ACIT (2021) 190 ITD 721 (Bang.)(Trib.)

S. 35 : Scientific research expenditure-Research and development in defence aviation system-Allowable deduction u/s. 35(1)(iv) of the Act. [S. 35(1)(iv), 37(1)]

Hindustan Aeronautics Ltd. v. ACIT (2021) 190 ITD 721 (Bang.)(Trib.)

S. 35 : Scientific research expenditure-Quantification prescribed by prescribed authority-Amended clause (b) of rule 6(7A) which was brought in effect from 1-7-2016 is not applicable to assessment year 2011-12-Capital expenditure DSIR 2014 guidelines-Not applicable for the year under consideration-Capital expenditure-International transaction of payment of R&D facilities availed from its AEs-weighted deduction under section 35(2AB), however same was eligible for deductions under section 35(1)(iv). [S. 35(1)(iv), 35(2AB)]

MAHLE Behr India (P.) Ltd. v. DCIT (2021) 190 ITD 852 / 92 ITR 726 / 213 TTJ 481/ 206 DTR 262 (Pune)(Trib.)

S. 32 : Depreciation-Additional depreciation-Collection centres-Additional depreciation is held to be allowable on assets used in collection centres.

Metropolis Healthcare Ltd. v. DCIT (2021) 190 ITD 331 (Delhi)(Trib.)

S. 32 : Depreciation-Leased assets-Failure to claim due to mistake-Matter remanded.

K. Raheja Corp. (P.) Ltd. v. DCIT (2021) 190 ITD 749 (Mum.)(Trib.)

S. 28(i) : Business loss-Forward contract-Hedge against fluctuation in foreign exchange-Marked to market loss arising on valuation of forward contract on closing date of accounting year was to be allowed as business loss-Accounting Standard 11. [S. 43(5)]

VVF (India) Ltd. v. ACIT (2021) 190 ITD 843 (Mum.)(Trib.)