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) : Payment For Pest Control after deduction of tax at source-No disallowance can be made-Building maintenance-Matter remanded. [S. 194C]

Niyant Heritage Hotels (P.) Ltd. v ITO (2022) 93 ITR 11 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Agent of Life Insurance Corporation-Expenses related to salary, staff welfare and bonus-Disallowance on guess work is held to be not valid.

Rajiv Gupta v. ITO (2022) 93 ITR 3 (SN) (SMC) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Construction of new roads-Capital expenditure-Share premium-Interest on borrowed capital-Matter remanded. [S. 36(1)(iii), 68]

Pragati Glass Pvt. Ltd. v. ACIT (2022) 93 ITR 42 (SN) (Surat)(Trib.)

S. 37(1) : Business expenditure-Increased liability on account of wage revision due to Court order-Entries in books of account not determinative-Right to claim legitimate deduction-Allowable as deduction. [S. 139(5), 145]

ITO v. Karnataka State Industrial Co-Operative Bank Ltd. (2022) 93 ITR 50 (SN) (Bang.)(Trib.)

S. 37(1) : Business expenditure-Increased liability on account of wage revision due to Court order-Entries in books of account not determinative-Right to claim legitimate deduction-Allowable as deduction. [S. 139(5), 145]

ITO v. Karnataka State Industrial Co-Operative Bank Ltd. (2022) 93 ITR 50 (SN) (Bang.)(Trib.)

S. 37(1) : Business expenditure-Commission to increase sales-Free Lance Individuals-Allowable as business expenditure.

Chhabra Triple Five Fashions Pvt. Ltd. v. Dy. CIT (2022)93 ITR 19 (SN) (Delhi)(Trib.)

S. 36(1)(vii) : Bad debt-Finance business-Interest income assessed as business income-Merely because parties related, Loss written off could not be disallowed. [S. 36(2)]

SDN and Co. v. ITO (2022) 93 ITR 23 (SN) (Mum.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Strategic investments Joint venture company group and subsidiary companies-Disallowance of interest is not justified.

PCI LTD. v. ACIT (2022) 93 ITR 47 (SN) (Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Own capital and reserves more than capital advanced-Disallowance of interest is not justified.

ACIT v. Kalthia Engineering and Construction Ltd. (2022) 93 ITR 30 (SN) (Ahd.)(Trib.)

S. 32 : Depreciation-Lease rental-Eligible for depreciation subject to verification whether sum capitalised-Tourist Resort-Occupancy seasonal-Could not be construed to have used asset for less than 180 days-Depreciation allowable for entire year.

Niyant Heritage Hotels (P.) Ltd. v ITO (2022)93 ITR 11 (SN) (Delhi) (Trib.)