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-Setting up of business-Actual commencement of revenue-generating activity does not have any bearing on determining the date of setting up of business-Expenses incurred after the date of setting up of business are eligible for deduction. [S.28(i)]

DCIT v. Aricent Technologies (Holding) (P.) Ltd. (2025) 213 ITD 378 (Delhi) (Trib)

S. 37(1): Business expenditure-Unrealised debtors-Write-off-Income offered in the subsequent years when realised-Order of CIT(A) deleting the addition was affirmed.

ACIT v. Delhi Buildwell (P.) Ltd. (2025) 213 ITD 291 (Delhi) (Trib.)

S. 36(1)(viia): Bad debt-Provision for bad and doubtful debts-Schedule bank-A co-operative bank, eligible for deduction even if it had no rural branches-Long-term finance-Eligible for deduction under section 36(1)(viii).[S. 36(1)(vii)]

ITO v. Sutex Co-operative Bank Ltd. (2025) 213 ITD 359 (Surat) (Trib.)

S. 36(1)(iii): Interest on borrowed capital-Working capital loan-Interest-free loans were advanced in earlier years-Interest paid on working capital loan cannot be disallowed.

Laqshya Media Ltd. v. ACIT (2025) 213 ITD 588 (Mum.)(Trib.)

S. 36(1)(iii): Interest on borrowed capital-Limited scrutiny-Funds invested in short-term deposits-Assessing Officer had travelled beyond the limited scrutiny parameters for which the case was selected-Addition was deleted. [S. 143(3)]

ACIT v. B.K. Sales Corporation. (2025) 213 ITD 559 (Delhi) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Share application money-Sister concern-Disallowance of interest is not justified-Borrowed money–transferred to sister concern. The Assessing Officer was directed to levy interest; however, only for the actual period of the loan, i.e., for one day.

Kamineni Health Services (P.) Ltd. v. ACIT (2025) 213 ITD 130 (Hyd) (Trib.)

S. 35 : Expenditure on scientific research-Bogus Donation-IMSRF was not notified under section 35(1)(ii), deduction claimed by assessee was disallowed-Reopening of assessment was affirmed.[S.35(1)(ii), 147, 148]

Vardhman Polytex Ltd. v. ACIT (2025) 213 ITD 594 (Chd) (Trib.)

S. 32: Depreciation-Amalgamation-Goodwill-If consideration paid by the amalgamated company to the amalgamating company is more than the net assets acquired by it, then the differential amount shall be treated as goodwill, and the amalgamated company shall be eligible for a claim of depreciation on such goodwill. [S.2(IB),43(1)]

ACIT v. Mcfills Enterprises (P.) Ltd. (2025) 213 ITD 573 (Ahd) (Trib.)

S. 32 : Depreciation-Lease of factory-Allowed earlier years-Allowed the depreciation.

Appasaheb Nalawade Gadhinglaj Sahakari Sakhar Karkhana Ltd. v. ACIT (2025) 213 ITD 569 (Pune) (Trib.)

S. 23: Income from house property-Annual value-Stock-in-trade-Notional rent has to be determined on vacant unsold flats held as stock-in-trade as ‘Income from house property-No addition could be made to the assessment year before assessment year 2018-19 on such notional rent. [S. 22, 23(4)(b), 23(5)]

Ramesh Dungarshi Shah. v. DCIT (2025) 213 ITD 96 (Mum) (Trib.)