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-Documents and stamp charges on conversion of debentures into equity shares-Capital expenditure-Alternative claim under section 35D is also rejected. [S. 35D]

Sacmi Engineering India (P) Ltd. v. Dy. CIT (2022) 215 TTJ 1029 (Ahd)(Trib)

S. 37(1) : Business expenditure-Excess interest charged by Bank-Not allowable as deduction-Disallowance was restricted to the extent of the amount claimed as deduction during the year.-Corporate guarantee commission allowable as deduction.

Maharashtra State Road Development Corporation Ltd v. Add.CIT (2022) 218 TTJ 12(UO) (Mum)(Trib)

S. 37(1): Business expenditure-Provision for expenses on periodic overlay of BOT road-Ascertained liability-Any addition made towards such provision would enhance the taxable profit which is eligible for deduction under S 80IA(4)(i)-A revenue neutral exercise-Allowable as deduction.[S.80IA(4)(i)]

Dy. CIT v. GVK Jaipur Expressway (P) Ltd. (2022) 216 TTJ 540 (Jaipur)(Trib)

S. 37(1) : Business expenditure-Provision for warranty expenses-Matter remanded. [S. 145]

MRF Ltd. v. Dy. CIT (2022) 98 ITR 80 (SN)(Chennai) (Trib)

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)