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)(iii) : Interest on borrowed capital-Premium paid maturity of foreign currency convertible bonds-Not debited to profit and loss account-Disallowance is not valid. [S. 145, Companies Act, 1956]
Dy. CIT v. Kanoria Chemicals & Industries Ltd. (2022) 215 TTJ 1003 (Kol)(Trib)
S. 36(1)(iii) : Interest on borrowed capital-Partner-Interest paid on debit balance/ excess withdrawal-Withdrawn for payment of income tax-Allowable as deduction. [S.153A]
Late Ghansham Dass through L/H Dawinder Singh v. Dy. CIT (2022) 210 DTR 65 / 216 TTJ 214 (Chd) (Trib)
S. 36(1)(iii) : Interest on borrowed capital-Invested as share application money in another group company-Interest on bank loan not allowable as business expenditure. [S. 37(1)]
Dy. CIT v. GVK Jaipur Expressway (P) Ltd. (2022) 216 TTJ 540 (Jaipur)(Trib)
S. 36(1)(iii) : Interest on borrowed capital-Loans utilised for the purpose of business-Rule of consistency followed-Deletion of interest is affirmed.
Dy. CIT v. Arun Singhania (2022) 98 ITR 12 (SN) (Raipur)(Trib)
S. 36(1)(iii) : Interest on borrowed capital-Investment in quoted and unquoted shares-Own funds more than investments-Matter remanded for verification.
Oswal Woollen Mills Ltd. v.Add. CIT (2022)98 ITR 521 (Chd) (Trib)
S. 36(1)(iii) : Interest on borrowed capital-Advancement of interest free funds available in share capital form-Assumption that interest bearing funds utilized for interest free loans-Interest payment not to be disallowed.
Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum)(Trib)
S. 35D : Amortisation of preliminary expenses-Expenses on initial public offer-Eligible deduction over five years.[S. 37(1)]
VKS Projects Ltd. v. ITO (2022)100 ITR 1 (SN)(Mum) (Trib)
S. 35D : Amortisation of preliminary expenses-Amount paid to Registrar of companies-Third year of assessee-Deduction allowable.
Triumph International (India) Pvt. Ltd. v. ACIT (2022) 100 ITR 33 (SN)(Chennai) (Trib)
S. 35 : Scientific research expenditure-Product development-Eligible deduction-Expenses pertaining to the assembly line-Revenue expenditure. [S. 35(1)(iv) 37(1)]
Mahindra Two Wheelers Ltd. v. Dy. CIT (2022) 219 TTJ 136 / 218 DTR 210 / 140 taxmann.com 367 (Mum) (Trib)
S. 35 : Scientific research expenditure-Allocation of expenses-Research and development expenses on future products-Allocation of expenses is not justified. [S.80IA, 80 IB, 80IC]
Macleods Pharmaceuticals Ltd. v. Dy. CIT (2022) 217 TTJ 763/ 214 DTR 105 (Mum)(Trib)