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)(ia): Amounts not deductible-Deduction at source-Books of Accounts rejected-Separate addition under 40(a)(ia) not valid. Disputed income under litigation-Shown as other income-Cannot be included in turnover when books are rejected-Income does not accrue until litigation is finally terminated, especially if liability is not admitted by the other party. [S. 4, 5, 144 145]
ACIT v. Vardha Infra Ltd. (2025) 233 TTJ 505 (Jodhpur)(Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Interest, etc., paid to a resident without deduction of tax at source-Non-furnishing of Form 15G/15H-Form filed before the Tribunal-Matter remanded to the Assessing Officer for limited purpose of verification. [Form 15G, 15H]
Suresh Kishinchand Changwani v. Dy. CIT (2025) 210 ITD 669 (Mum.) (Trib.)
S.37(1): Business expenditure-Club membership fees-Allowable as business expenditure.
BSE Ltd. v. CIT (Appeals) (2025) 233 TTJ 214(Mum) (Trib)
S. 36(1)(va): Any sum received from employees-Assessee maintain separate books for PF contributions-Credited it on real time basis-Deduction cannot be denied-NPS contributions not deposited within the due date of filing of Return-Cannot be claimed as a deduction in that year.[S. 2(24)(x)]
Dy.CIT v.. Punjab State Power Corporation Ltd. (2025) 233 TTJ 57 (Chd) (Trib)
S. 28(iv) : Business income-Value of any benefit or perquisites-Converted in to money or not-Acquisition of shares at face value when other paid premium-A capital transaction-Outside the purview of S. 28(iv).[S. 56(2)(x)]
Dy CIT v. Prakash Nimmagadda (2025) 233 TTJ 812 (Hyd) (Trib)
S. 28(iv) : Business income-Value of any benefit or perquisites-Converted in to money or not-No benefit or perquisite is chargeable to tax under section 28(iv) for assets received from AEs on a returnable basis-Independent personal services-Training expenses paid to non-resident fell under Article 14 of the DTAA and not subject to TDS-DTAA-India-Singapore. [Art. 14]
ACIT v. Sony India Software Centre (P) Ltd. (2025) 233 TTJ 249(Bang)(Trib)
S.14A : Disallowance of expenditure-Exempt income-Investment in partnership firm-Interest paid on the overdraft facility, which was obtained for business activities, should not have been disallowed, as it was not directly related to the exempt share income from the partnership firm.[S.10(2A)]
Prakash Udyog Ltd. v. ITO [2025] 210 ITD 74 (Mum)(Trib.)
S. 12AB: Procedure for fresh registration-Charitable purpose-Procedure for fresh registration-Objects of general public utility-Directed to grant the registration [S. 2(15)]
Chhattisgarh Re-Rollers Association c. CIT (E) (2025) 210 ITD 127 (Raipur) (Trib.)
S. 12AB: Procedure for fresh registration-Selecting wrong selection code-Delay is condoned-CIT(E) is directed to hear the assessee by allowing it to apply under Form 10A. [S. 12A(1)(ac)(iii) Form No 10A/10B]
Seven Hills Educational Society v. ITO (E) (2025) 210 ITD 234 (Hyd.) (Trib.)