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. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts-No deduction is allowable on mere provision on gross basis-Bad debts should be actually written off in books of account-Matter remanded.
Triumph International (India) Pvt. Ltd. v. ACIT (2022)100 ITR 33 (SN)(Chennai) (Trib)
S. 36(1)(vii) :Bad debt-Unit sold as slump sale-Past advances written off relating to sold unit-Not allowable as deduction.
Dy. CIT v. Kanoria Chemicals & Industries Ltd. (2022) 215 TTJ 1003 (Kol)(Trib)
S. 36(1)(iii) : Interest on borrowed capital-Real estate developer-Interest paid on overdraft-Closing stock and working progress-Disallowance was deleted-Loan to subsidiaries-Recovered the interest paid on overdraft-Deletion of interest is affirmed.
ACIT v. Milroc Good Earth Property & Development LLP (2022) 217 TTJ 52 (UO)/ 142 taxmann.com 149 (Panaji)(Trib)
S. 36(1)(iii) : Interest on borrowed capital-Amount advanced to sister concern-Interest recovered-Disallowance of interest is not justified.
Milrco Good Earth Property & Development LLP v. ACIT (2022) 217 TTJ 52 (UO) / 142 taxmann.com 149 (Panaji) (Trib)
S. 36(1)(iii) : Interest on borrowed capital-Interest-free funds far in excess of loan advanced-Disallowance of interest not warranted.
Wanbury Ltd. v. Dy. CIT (2022) 95 ITR 87 (SN)(Mum) (Trib)
S. 36(1)(iii): Interest on borrowed capital-Advancing borrowed money to sister concern for business purposes without charging interest-Interest expenses allowable as deduction. [S. 37(1)]
Dy. CIT v. Shriram Investments (2022)95 ITR 111 (Chennai)(Trib)
S. 36(1)(iii) : Interest on borrowed capital-Bad Debt-Advance for purchase of material for stock-in-trade-Amount written off-Allowable as deduction. [S. 28 (i)]
K. Patel International v. ACIT (2022) 96 ITR 71 (SN) (Surat) (Trib)
S. 36(1)(iii) : Interest on borrowed capital-Loans and Advances to subsidiaries without charging Interest-Failure to prove for Commercial expediency-Disallowance of interest justified. [S. 37(1)]
BGR Energy Systems Ltd. v. ACIT (2022) 96 ITR 625 (Chennai) (Trib) ACIT v. Sasikala Raghupathy (Smt) (2022)96 ITR 625 (Chennai) (Trib)
S. 36(1)(iii) : Interest on borrowed capital-Real income theory-Interest not accrued to assessee for two preceding year-Accepted by the Department-Disallowance of proportionate notional interest is not justified.[S. 145]
Jindal Steel and Power Ltd. v. Add. CIT (2022)97 ITR 516 (Delhi) (Trib)