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. 43B : Deductions on actual payment-Employees’ contribution towards provident fund and ESI would qualify for deduction even if paid after due date prescribed but before due date of filing of return.-Amendment is prospective in nature. [S. 36(1)(va)]

PCIT v. TV Today Network Ltd. (2022) 289 Taxman 132 / 217 DTR 1 / 328 CTR 204 (Delhi)(HC) Editorial : Refer, Checkmate Services P. Ltd. v. CIT (2022)448 ITR 518/ 218 DTR 218 /329 CTR 1 (SC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Commission, brokerage, etc.-Passenger service fee-Withheld by Airlines-Not liable to deduct tax at source-Verify factual aspect, matter was restored to the file of the Assessing Officer. [S. 194H]

Delhi International Airport (P.) Ltd. v. PCIT (2022) 138 taxmann.com 541 (Karn.)(HC) Editorial: Notice issued in SLP filed by Revenue, PCIT v. Delhi International Airport (P.) Ltd. (2022) 289 Taxman 78 (SC)

S. 37(1) : Business expenditure-Consumption incentive-Ascertained liability-Provision-Allowable as deduction. [S. 145]

PCIT v. TV Today Network Ltd. (2022) 289 Taxman 132 / 217 DTR 1 / 328 CTR 204 (Delhi)(HC)

S. 37(1): Business expenditure-Loss on investment in subsidiary-Expansion of business-Permanent diminution in value of investment made in equity shares-Allowable as business expenditure. [S. 28(i), 36(1)(vii]

PCIT v. Vaibhav Global Ltd. (2022) 138 taxmann.com 506 (Raj.)(HC) Editorial : Notice issued in SLP filed by Revenue, PCIT v. Vaibhav Global Ltd. (2022) 289 Taxman 407 (SC)

S. 37(1) : Business expenditure-Donation of amount to BDC for construction of ring road-Allowable as business expenditure.

PCIT v. Mysore Minerals Ltd. (2022) 143 taxmann.com 219 (Karn.)(HC) Editorial: SLP of Revenue dismissed, PCIT v. Mysore Minerals Ltd. (2022) 289 Taxman 408 (SC)

S. 37(1) : Business expenditure-Cancellation of joint venture agreement-Compensation paid-Nexus between cancellation of JDA and execution of construction agreement-Allowable as deduction.

Nitesh Estates (P.) Ltd. v. ACIT (2022) 289 Taxman 45 (Karn.)(HC)

S. 36(1)(vii) : Bad debt-Amount offered as income-Written as bad debt in books of account-Debtor has shown as liability in its books of account-Allowable as deduction as bad debt. [S. 36(2)]

PCIT v. Nilgiri Financial Consultants Ltd. (2022) 289 Taxman 115 (Delhi)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Investment company-Commercially expedient-Difference between interest received and paid by assessee for purpose of business-Deletion of disallowance was affirmed. [S. 37(1)]

CIT v. Shriram Investments (2022) 289 Taxman 315 (Mad.)(HC)

S. 35 : Scientific research expenditure-Donations to research organisations-Deduction cannot be denied on the ground that registration granted was cancelled with retrospective effect. [S. 35(1)(iii)]

PCIT v. Maco Corpn. (India) (P.) Ltd. (2022) 289 Taxman 564 (Cal.)(HC)

S. 32 : Depreciation-lease of assets-Genuine transaction-Entitle to depreciation.

CIT, LTU v. Canara Bank. (2022) 142 taxmann.com 361 (Karn.)(HC) Editorial : Notice issued IN SLP filed by the Revenue, CIT, LTU v. Canara Bank. (2022) 289 Taxman 82 (SC)