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-Community development-Operation of aluminium mines causing pollution in neighbourhood-Assistance with respect to drinking water, education, women and children welfare, etc., for villagers-Commercial exigency to ensure smooth running of factories-Allowable as deduction.

Hindalco Industries Ltd. v. Dy. CIT (2024)114 ITR 502 (Mum)(Trib)

S. 37(1) : Business expenditure-Commission payments-Non-service of notice under section 133(6)-Evidence and details furnished in remand report-Denial of expenditure for mere return of summons unserved is improper.[S.133(6)]

Hindalco Industries Ltd. v. Dy. CIT (2024)114 ITR 502 (Mum)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Trade receivable-Borrowed fund is used for the purpose of business-Notional interest cannot be charged.

ACIT v. Gujarat Insecticides Ltd. (2024)114 ITR 12 (SN)(Ahd)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Interest paid on cash credit account-Investments in immovable properties and shares of other companies-Business purpose-Disallowance is deleted.

Dy. CIT v. Guru Nanak Milk Products (2024)114 ITR 344 /232 TTJ 325 (Amritsar (Trib)

S. 36(1)(iii) :Interest on borrowed capital-Advances and loans to associated enterprises-Deletion of disallowance is affirmed.

Intas Pharmaceuticals Ltd. v. ACIT (2024)114 ITR 546 (Ahd)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Capital expenditure on plant and machinery, electrical installation and other fixed assets-Accounted as capital work-in-progress-Disallowance of interest is not warranted.

Intas Pharmaceuticals Ltd. v. ACIT (2024)114 ITR 434 (Ahd)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Interest paid on cash credit account-Investments in immovable properties and shares of other companies-Business expenditure.[S. 37(1)]

Dy. CIT v. Guru Nanak Milk Products (2024)114 ITR 344 /232 TTJ 325 (Amritsar)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Interest free funds-Capital withdrawn-Addition is deleted.

Dy. CIT v. Avinash Builders (2024)114 ITR 324 (Raipur)(Trib)

S. 36(1)(ii) : Bonus or commission-Commission paid to director-Services rendered-Allowable as business expenditure.

AMI Life Sciences P. Ltd. v. ACIT (2024)114 ITR 7 (Trib) (SN)(Ahd)(Trib)

S. 35 : Expenditure on scientific research-Weighted deduction-Allowable as deduction. [S.35(2AB]

AMI Life Sciences P. Ltd. v. ACIT (2024)114 ITR 7 (SN)(Ahd)(Trib)