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-Capital or revenue-Legal expenses-Allowable as revenue expenditure. [S. 269UC]

Mangalam Arts v. Dy. CIT (2022) 98 ITR 63 (SN)(Jaipur) (Trib)

S. 37(1) : Business expenditure-Legal and travelling expenses-Defence of Directors and Shareholders who were accused in case before CBI Special Court-Matter remanded.

Kalaignar TV Pvt. Ltd. v. ACIT (2022) 98 ITR 7 (SN)/)/( 2023) 198 ITD 22 (Chennai) (Trib.)

S. 37(1) : Business expenditure-Discount-Computer generated Bills not containing signature of assessee or customer-Discount cannot be disallowed.

ITO v. Quest 2 Travel.Com India Pvt. Ltd. (2022) 98 ITR 90 (SN) (Mum)(Trib)

S. 37(1) : Business expenditure-Payment made at check post and police charges-Expenditure in nature of offence or prohibited by law-Disallowance is proper. [S. 37, Expln. 1]

Diwakar Logistics v. ACIT (2022) 98 ITR 24 (SN) (Hyd.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Expenditure on systems, applications and products software licence-Revenue expenditure-Sales tax provision-Matter remanded. [S. 145]

ACIT (OSD) v. Danfoss Industries Pvt. Ltd. (2022) 98 ITR 8 (SN)(Chennai) (Trib)

S. 37(1) : Business expenditure-Expense towards community and social welfare activities-Expense allowable.

Sasamusa Sugar Works Pvt. Ltd. v. Dy. CIT (2022)98 ITR 235 (Kol) (Trib)

S. 37(1) : Business expenditure-Payment for site development rights-Payment not genuine-Parties not having expertise-Report of expert backdated-Bogus expenditure-Disallowance justified.

Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum) (Trib)

S. 37(1) : Business expenditure-Employer’s benefit, repairs and maintenance, Other expenses, commission etc-CIT(A) restricting benefits of employees and legal and professional fees by 5%-Disallowance of 10% repairs and commission and discount-Disallowance reasonable-Deletion of disallowance on manufacturing expenses-Order of CIT(A) is affirmed.

Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum)(Trib)

S. 37(1) : Business expenditure-Liquidated damages for delay-Liability supported by MOU-Allowable-Interest on loan taken by party paid by assessee-Interest not allowable.

Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum)(Trib)

S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts-Schedule bank-Mere provision of bad and doubtful debts when the same is made on an ad hoc basis will not constitute a write-off to claim deduction.

Tamil Nadu Generation and Distribution Corporation Ltd. v. ACIT (2022) 217 TTJ 108/ 213 DTR 313 (Chennai) (Trib)