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. 44B : Shipping business-Non-residents-Service tax receipts do not form part of receipts for computation of income.

DCIT v. Schlumber Solutions (P.) Ltd. (2022) 193 ITD 293 (Dehradun)(Trib.)

S. 44AD : Presumptive taxation-Civil construction business-depreciation-Rejection of books of account and estimate of income applying rate of 8 percent-No separate claim of depreciation is allowable. [S. 32, 144]

Sudhakar Pandey v. ACIT (2022) 193 ITD 557 (SMC) (All.) (Trib.)

S. 43B : Deductions on actual payment-Service tax payment-For granting deduction only when amount of such tax, etc., is actually paid by assessee, that deduction will be allowed. [S. 43B(a), 145A(ii)]

Shirode Automobiles (P.) Ltd. v. ACIT (2022) 193 ITD 777 / 217 TTJ 382/213 DTR 95 (SMC) (Pune)(Trib.)

S. 43(6) : Written down value-Demerger-Accounted by both entities on written down value-Entitle to depreciation on written down value. [S. 32]

ACIT v. Uttaranchal Jal Vidyut Nigam Ltd. (2022) 193 ITD 454 (Dehradun)(Trib.)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Salary paid to daughter of Director-Disallowance is held to be not justified.

Kimaya Impex (P.) Ltd. v. ITO (2022) 193 ITD 710 (Mum.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Interest to an NBFC-Certificate was produced before CIT(A)-Matter was remitted to file of Assessing Officer to examine and verify said certificate. [S. 194A, 201(1)]

Amit Mehra v. ITO (2022) 193 ITD 109 (Delhi)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident attorneys-Professional fees-Reimbursement of expenses-No obligation to deduct tax at source-Disallowance was deleted-Article 12 of the OECD Model Convention. [S. 9(1)(vii), 195]

Chander mohan Lall v. ACIT (2022) 193 ITD 352 / 215 TTJ 498/ 209 DTR 129 (Delhi)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Fes for technical services-Sales commission to foreign agents-Permanent Establishment (PE) in India-Not liable to deduct tax at source-OECD Model Convention Arts, 5, 7, 12-DTAA-India-Australia. [S. 9(1)(i), 9(1)(vii), 195, Art. 7]

Deccan Creations (P.) Ltd. v. DCIT (2022) 193 ITD 5 (Bang.) (Trib.)

S. 37(1) : Business expenditure-CSR expenses-Welfare of local community and thereby improving corporate image-Allowable as business expenditure-Expenditure incurred towards Pooja and purchase and distribution of sweets for Pooja was allowable as business expenditure.

DCIT v. Godawari Power & Ispat Ltd. (2022) 193 ITD 869 (Raipur)(Trib.)

S. 37(1) : Business expenditure-Provision for warranty-Replacement of batteries-Allowable as deduction-Sales promotion expenses-Expenditure for giving valuable gifts to certain parties-Disallowance cannot be made on ad-hoc basis-Travelling expenses of partner for personal trip-Not allowable as business expenditure. [S. 145]

ACIT v. Armee Infotech (2022) 193 ITD 728 (Ahd.)(Trib.)