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)(i) : Amounts not deductible-Deduction at source-Non-resident-Engaged in providing services and facilities relating to exploration and exploitation of mineral oil and natural gas Interest-Not taxable in India.[DTAA-India-Singapore [S. 9(1)(1), 44BB, 195, Art. 5, 7,]

Aban Singapore Pte. Ltd. v. ITO (2024) 207 ITD 143 (Chennai) (Trib.)

S.37(1): Business expenditure-Sales promotion expenses-Construction project-Allowable as revenue expenditure-AS-7 was purely effective for contractor in construction, not for developers, question of capitalizing project cost of sale promotion was unjustified.[S.145, AS-7]

PRL Developers (P.) Ltd. v. ACIT (2024) 207 ITD 753 (Mum) (Trib.)

S. 37(1) : Business expenditure-Business loss-Advance for purchase of business-Failure to supply goods-Trade advances-Advance written off allowable as business loss. [S.28(i), 36(2), 37 (1)]

Roop Kishore Madan. v. ACIT (2024) 207 ITD 210 (Delhi) (Trib.)

S.37(1): Business expenditure-Employee Stock Option (ESOP)-Disallowance is deleted.

DCIT v. CBRE South Asia (P.) Ltd. (2024) 207 ITD 249 (Delhi) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Advanced funds for commercial purposes without charging interest-Advanced from interest free funds-Order of CIT(A) confirming the disallowance is deleted.

DCIT v. Apex Fibre India Ltd. (2024) 207 ITD 504 (Amritsar) (Trib.)

S. 32AC: Investment in new pant or machinery-Installation of machinery-Blending of lube oil tantamounts to manufacture or production-Entitle to deduction.

ACIT v. Idemitsu Lube (P.) Ltd. (2024) 207 ITD 173 /111 ITR 59 (SN) (Delhi) (Trib.)

S. 32 : Depreciation-Computer software-Depreciation is allowable at rate of 60 per cent.

PRL Developers (P.) Ltd. v. ACIT (2024) 207 ITD 753 (Mum) (Trib.)

S. 24 : Income from house property-Deductions-Interest on borrowed capital-Interest on housing loan-Let-out property-When the property is let out there is no maximum deduction on interest on borrowed capital Interest on housing loan allowable as deduction under section 24 for let-out property, based on bank certificate and consistent claims in previous years.[S. 22]

Syeda Bibi Sadiqa. (Smt.) v. DCIT (2024) 207 ITD 543 (Bang) (Trib.)

S.14A : Disallowance of expenditure-Exempt income-Interest-Own fund were much higher than investments that yield exempt income-Order of CIT(A) deleting the addition is affirmed. [R.8D(2)(ii)]

ACIT v. Doshion Veolia Water Solution (P.) Ltd. (2024) 207 ITD 801 (Mum) (Trib.)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Payment to specified person-Payment of salaries-Much higher educational qualification or they were having much experience in service-Exemption is allowed-Payment of rent-Market rental report prepared by a Government approved registered Valuer-Provisions under section 13(3)(c), 13(2)(c) read with section 13(2)(g) were not attracted. [S.11,12A, 13(2)(c), 13(3), 13(2(g)]

DCIT v. Catholic Education Society. (2024) 207 ITD 226/232 TTJ 221/243 DTR 1 (Mum) (Trib.)