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. 68 : Cash credits-Accommodation entries-Share capital, share premium and unsecured loan-Earning commission income a 20 Paise Per Rs. 100-Credit and debit entries in the bank account-Addition is deleted.

Bhavesh Commotrade P. Ltd. v Dy. CIT (2024) 110 ITR 180 (Ranchi)(Trib); ACIT v. Suresh Kumar Agarwal (2024) 110 ITR 180 (Ranchi)(Trib)

S. 55A : Capital gains-Reference to Valuation Officer-Computation-Cost of acquisition-Value as on 1-4-1981-Reference To Valuation Officer-Amendment With Effect From 1-7-2012-Substitution of words is at variance with its fair market value for is less than its fair market value-Reference can be made to Departmental valuation Officer only where value shown by assessee is less than fair market value-Declaring value as on 1-4-1981 at figure higher than value determined by Departmental Valuation Officer-Value adopted by Departmental Valuation Officer could not be taken for computing fair market value.[S.45,55A(a)]

Nirmala Venkatapathy (Smt.) v. ITO (2024)110 ITR 27 (SN) (Chennnai)(Trib)

S. 54 : Capital gains-Profit on sale of property used for residence-Not fulfilling conditions-Denial of deduction is not proper. [S. 45]

Mohan Lal Jain v. ACIT (2024)110 ITR 60(SN)) (Delhi) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Cash credits-Service tax out standing-Additional evidence is admitted-Matter is remanded for fresh adjudication. [S.43B, 68, 145A(ii), Form No 26A]

Casa Grande Civil Engineering P. Ltd. v. Jt. CIT (OSD) (2024)110 ITR 65 (SN)(Chennai)(Trib)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Services rendered out side India-Not liable to deduct tax at source-Order of CIT(A) deleting the addition is affirmed. [S.9(1)(vii), 195]

Dy. CIT (OSD) v. Aspire Systems India P. Ltd. (2024) 110 ITR 1 / 232 TTJ 387 (Trib) (Chennnai)(Trib)

S. 37(1) : Business expenditure-Commission-Allowable as business expenditure-Sponsorship of festival-Nothing to prove connection with the business-Disallowance is affirmed.

Yala Construction Co. P. Ltd. v. Add. CIT (2024)110 ITR 1 (SN) (Delhi)(Trib)

S.37(1): Business expenditure-Commission-Not related party-Higher commission-Disallowance is deleted.

Srinathji Yamunaji Enterprises v ITO (2024) 110 ITR 63 (SN) (Mum)(Trib)

S. 37(1) : Business expenditure-Business promotion expenses-Expenditure on medical camps Expenditure prohibited by law-Travel expenses-Expenditure incurred for business trips of partner of firm-Matter remanded to the file of the Assessing Officer

Med-Link Devices P. Ltd. v. Dy. CIT (2024)110 ITR 3 (SN)(Mum) (Trib)

S.37(1): Business expenditure-Sales promotion expenses-Disallowance is restricted to 15% based on earlier year.

Lakozy Motors P. Ltd. v. Dy. CIT (2024)110 ITR 19 (SN)(Mum)(Trib)

S.37(1): Business expenditure-Payments for medical treatment of director of assessee abroad-Produced board resolution approving treatment and return of chairman declared the amount as perquisite-Matter restored to the file of Assessing Officer for verification-Offence-Payment of interest on customs duty on direction of Supreme Court-Allowable as deduction-Delayed payment of contributions to provident fund-Not allowable as deduction. [S.36(1)(va), 37(1), Expl.1]

Pennar Industries Ltd. v Dy. CIT (2024)110 ITR 74 (SN) (Hyd)(Trib)