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-Contributions to the Investors Service Fund is mandatory-Club membership fees of directors-Allowable as business expenditure.

BSE Ltd. v. CIT (APPEALS) (2025) 233 TTJ 214 / 245 DTR 1 (Mum)(Trib)

S.37(1): Business expenditure-Corporate Social Responsibility expenditure-Allowable as deduction. [37(2) Explanation.]

Hindustan Coca Cola Beverages (P) Ltd. v.AD.CIT (2025) 233 TTJ 777 / 170 taxmann.com 633/ 122 ITR 290 (Delhi)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Interest-free advances given to farmers-Commmercial expediency-Allowable as deduction.

Girraj Cold Storage (P) Ltd v. ITO (2025) 174 taxmann.com 342/ 233 TTJ 41 (UO) (SMC) (Agra)(Trib)

S.37(1): Business expenditure-Seizure of Truck-Penalty, fine, etc.-Levy of penalty under State VAT law-Issue pending before Commr. of Commercial Taxes-Not allowable as deduction-Liberty is given to the assessee to file application under s. 154 in case the issue pending before the first appellate authority is decided in favour of the assessee or it is adjudicated as compensation or compounding.[S. 37(1), Explantion 1, 154]

Hindustan Coca Cola Beverages (P) Ltd. v.AD.CIT (2025) 233 TTJ 777 / 170 taxmann.com 633/ 122 ITR 290 (Delhi)(Trib)

S.14A : Disallowance of expenditure-Exempt income-salaries paid to the employees of the treasury department-Allocaation of eexpenses on the basis of area occupied by the department-Held to be reasonable-Book profit-Adjustment of disallowance under s. 14A is not required to be made in the book profit for MAT liability. [S.115JB, R.8D]

BSE Ltd. v. CIT (A) (2025) 233 TTJ 214 / 245 DTR 1 (Mum)(Trib)

S. 12AB: Procedure for fresh registration-Religious trust-Trust for the benefit of particular community-Jain community and to propagate Jainism-Order rejecting the application is affirmed. [S. 11, 12, 12AB(4) 13(1)(b)]

Soudharma Brihad Tapogachchiya Tristutik Jain Sangha Samarpanam v. CIT (E) (2025) 233 TTJ 606 / 170 taxmann.com 590 (Ahd)(Trib)

S. 11 : Property held for charitable purposes-Revised claim by rectification application-Filed within the time prescribed u/s 139(5)-No intimation was issued u/s 143(1)-Denial of exemption is not valid.[S. 139(5) 143(1), 154(8)]

Jan Shikshan Sansathan v. ITO (E) (2025) 233 TTJ 769 / 246 DTR 25 (Chd)(Trib)

S. 10 (23C): Educational institution-Wrong sub section is mentioned in the return-Mistake of counsel-Exemption is allowed-Non foling of audit report-Not applicable to university-Entitle to eexxemption-Delay of 691 aand 706 days-Mistake of counsel-Delay is condoned. [S. 10(23C)(iiiab), 12A, 44AB,253(5), 254(1)

Punjab Agriculture University v. Dy.CIT (E) (2025) 170 taxmann.com 86/ 124 ITR 134 / 233 TTJ 58 (UO)(Chd)(Trib)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Not dependent agent-No substantial transaction-Income is not chargeable to tax in India-Fees for technical services-Reimbursement of salaries of seconded employees-Tax deducted at source-issue is remitted to the AO for fresh adjudication as per law-DTAA-India-USA.[S.90, Art, 12(4)]

Western Digital Technologies Inc. v. Dy.CIT (IT) (2025) 233 TTJ 399 / 245 DTR 289/ 170 taxmann.com 14 (Bang)(Trib)

S. 5 : Scope of total income-Income-Accrual-Notional interest-Waiver of interest on Compulsorily Convertible Debentures-Interest waived before the end of financial year-Commercial expediency-No addition can be made on account of interest income on notional basis. [S. 4, 143(3) 145]

Sitac Re (P) Ltd. v. Dy. CIT (2025) 233 TTJ 971/ 174 taxmann.com 428 ((Delhi)(Trib)