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-Capital or revenue-Royalty paid as percentage of sale in consideration of supply of Technical Know-how is allowable as revenue expenditure-Telephone and travelling expenditure-Self made vouchers-Disallowance of 10 % of expenditure is held to be not valid.
Mercedez-Benz India (P.) Ltd. v. DCIT (2022) 193 ITD 624 (Pune)(Trib.)
S. 37(1) : Business expenditure-Capital or revenue-Corporate Social Responsibility expense-Explanation 2 to section 37(1) inserted by Finance Act, 2014 with effect from 1-4-2015 is prospective in nature.
NTPC-SAIL Power Co. (P.) Ltd. v. DCIT (2022) 193 ITD 473 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Annual share listing fees paid to stock exchange-Allowable as revenue expenditure-Community development donation-Allowable as business expenditure.
DCIT v. Great Eastern Energy Corporation Ltd. (2022) 193 ITD 404 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Real estate business-Expenses for certification work, management consultancy, fees for appearance before Tax Authorities and company secretarial work as professional fee-Allowable as deduction.
Peninsula Land Ltd. v. DCIT (2022) 193 ITD 366 (Mum.)(Trib.)
S. 37(1) : Business expenditure-Professional fees-Prior period expenditure-Expenses pertaining earlier year-Crystallized during the year-Allowable as deduction-Commission payable-Expenses pertaining to earlier year-Not allowable as deduction. [S. 145]
Meena Circuits (P.) Ltd. v. ACIT (2022) 193 ITD 318 (Ahd.) (Trib.)
S. 37(1) : Business expenditure-ESOP Scheme-Discount on shares allotted by assessee to its employee under ESOP Scheme is revenue expenditure.
ACIT v. People Strong HR Services (P.) Ltd. (2022) 193 ITD 105 (Delhi)(Trib.)
S. 36(1)(vii) : Bad debt-Unutilized CENVAT and Service Tax credit-Not allowable as bad debt-Failure to establish irrecoverable during year under consideration the amount not allowable as business loss. [S. 28(i), 36(2), 37(1)]
Meena Circuits (P.) Ltd. v. ACIT (2022) 193 ITD 318 (Ahd.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Land-Interest cost on capital asset-Not put to use-Not allowable as revenue expenditure. [S. 43(1)]
Khyati Chemicals (P.) Ltd. v. DCIT (OSD) (2022) 193 ITD 446 (Ahd.)(Trib.)
S. 35DDA : Amortisation of expenditure-Voluntary retirement scheme-Slump sale-Allowable as deduction. [S. 50B]
Peninsula Land Ltd. v. DCIT (2022) 193 ITD 366 (Mum.)(Trib.)
S. 35AD : Deduction in respect of expenditure on specified business-Hotel-The assesseee need not to construct entire building by itself or own building and land-Eligible deduction on the amount spent in the part of construction of building. [S. 35AD(4)]
Taj GVK Hotels & Resorts Ltd. v. ACIT (2022) 193 ITD 304 (Hyd.)(Trib.)