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. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-For use or right to use of overall ICT infrastructure-Liable to deduct tax at source-Disallowance is justified DTAA-India-Netherlands. [S. 9(1)(vi)(b), 195, Art. 12]
Vanderlande Industries (P.) Ltd. v. ACIT (2022) 194 ITD 229/ 99 ITR 585 / 219 TTJ 493 216 DTR 289 (Pune)(Trib.)
S. 37(1) : Business expenditure-Legal fees-Defending lawsuit filed against it for infringement of patent right-Allowable as revenue expenditure.
DCIT v. Omni Active Health Technologies Ltd. (2022) 194 ITD 783 (Mum.)(Trib.)
S. 37(1) : Business expenditure-Expenditure under (CSR)-Capital or revenue-Allowable as business expenditure.
Security Printing & Minting Corporation of India Ltd. v. ACIT (2022) 194 ITD 641 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Carbon Emission reduction-Offered as income in earlier years-Entitle to claim as expenditure if ultimately receipts could not be realized. [S. 4]
Bharath Wind Farm Ltd. v. DCIT (2022) 194 ITD 636 (Chennai) (Trib.)
S. 37(1) : Business expenditure-Setting up of business-Business of providing information technology application management support services.
E-Land Systems (P.) Ltd. v. ITO (2022) 194 ITD 541 (Bang.) (Trib.)
S. 37(1) : Business expenditure-Exhibition of tele-serials-expenditure incurred for production of tele-serials-Allowable as revenue expenditure.
ACIT v. Radaan Media Works (I) Ltd. (2022) 194 ITD 505 (Chennai)(Trib.)
S. 37(1) : Business expenditure-Education cess including secondary and higher education cess-Not allowable as deduction.
Infinera India (P.) Ltd. v. JtCIT (2022) 194 ITD 463 (Bang.) (Trib.)
S. 37(1) : Business expenditure-Interest payment on late payment of tax at source under section 201(1A) is not eligible business expenditure for deduction and it is not compensatory in nature. [S. 201(IA)]
TUV Rheinland NIFE Academy (P.) Ltd. v. ACIT (2022) 194 ITD 78 (Bang.)(Trib.)
S. 36(1)(va) : Any sum received from employees-Allowable as deduction even if same was paid after due date specified under respective acts but before due date of filing of return under section 139(1)-Amendment to provisions of sections 36(1)(va) and 43B vide Finance Act, 2021 is prospective in nature and would be applicable only from 1-4-2021. [S. 43B, 139(1)]
Devarayapatana Thimmappa Paramesha v. DCIT (2022) 194 ITD 325 (Bang.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Loans to Subsidiaries-Advance from out of interest free funds available with them at relevant point of time-Disallowance of interest is not valid.
G.E.T. Water Solutions (P.) Ltd. v. ACIT (2022) 194 ITD 779 (Chennai)(Trib.)