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-Interest payment on late payment of tax at source under section 201(1A) is not eligible business expenditure for deduction and it is not compensatory in nature. [S. 201(IA)]
TUV Rheinland NIFE Academy (P.) Ltd. v. ACIT (2022) 194 ITD 78 (Bang.)(Trib.)
S. 36(1)(va) : Any sum received from employees-Allowable as deduction even if same was paid after due date specified under respective acts but before due date of filing of return under section 139(1)-Amendment to provisions of sections 36(1)(va) and 43B vide Finance Act, 2021 is prospective in nature and would be applicable only from 1-4-2021. [S. 43B, 139(1)]
Devarayapatana Thimmappa Paramesha v. DCIT (2022) 194 ITD 325 (Bang.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Loans to Subsidiaries-Advance from out of interest free funds available with them at relevant point of time-Disallowance of interest is not valid.
G.E.T. Water Solutions (P.) Ltd. v. ACIT (2022) 194 ITD 779 (Chennai)(Trib.)
S. 32 : Depreciation-Additional depreciation-Processing of milk and manufacturing of dairy products such as butter, ghee, pedha, etc-Business of manufacture or production of any article or thing-Entitle for additional depreciation. [S. 32(1)(iia)]
Hassan Co-operative Milk Producers Societies Union Ltd. v. ACIT (2022) 194 ITD 522 (Bang.)(Trib.)
S. 32 : Depreciation-Good will-Amount paid in excess of net asset value for acquiring a business concern would constitute goodwill eligible for depreciation-Matter remanded.
TUV Rheinland NIFE Academy (P.) Ltd. v. ACIT (2022) 194 ITD 78 (Bang.)(Trib.)
S. 32 : Depreciation-Software development service-Machinery installed in office premises-Not manufacturing-Not entitle to addition depreciation. [S. 32(1)(iia)]
Sling Media (P.) Ltd. v. DCIT (2022) 194 ITD 1 (Bang.)(Trib.)
S. 24 : Income from house property-Deductions-Interest on borrowed loan-commercial property was not ready to let out-In the absence of evidence the disallowance is affirmed. [S. 22]
Netra Software Technologies (P.) Ltd. v. ACIT (2022) 194 ITD 760 (Bang.)(Trib.)
S. 23 : Income from house property-Annual value-Estimation of annual letting value-Not based estimate on any reasonable working in determining annual letting value-Addition was deleted. [S. 22, 23(1)(c)]
Sunil Kumar v. ACIT (2022) 194 ITD 764 (Delhi)(Trib.)
S. 15 : Salaries-Managing director-Professional fees cannot be assessed as salary. [S. 28(i), 44AB, 194J]
Jayaram Rangan. v. ACIT (2022) 194 ITD 666 (Chennai)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-No expenditure incurred-Disallowance cannot be made. [R.8D]
Security Printing & Minting Corporation of India Ltd. v. ACIT (2022) 194 ITD 641 (Delhi)(Trib.)