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. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Refund of Excise duty, subject to condition is liable to tax during the year of receipt.

Frick India Ltd. v. DCIT (2022) 216 TTJ 146 (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payer and payee comply with the first proviso to S. 201(1)-No disallowance can be made. [S. 201(1)]

Milind Kumar Rana v. ACIT (2022) 216 TTJ 43 (UO) (Raipur)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission paid to a resident of UAE-Not liable to deduct tax at source-Disallowance is not justified. [S 195]

ACIT v. Jiji Industries Ltd. (2022) 64 CCH 0360 / 216 TTJ 858 / 212 DTR 81 (Indore)(Trib.)

S. 37(1) : Business expenditure-Provisions made towards ‘periodic overlay expenses’-Not Contingent liability-If the same can be determined with some reasonableness-Allowable as deduction. [S. 80IA, (4)(i), 145]

GVK Jaipur Expressway (P) Ltd. v. Dy. CIT (2022) 216 TTJ 540 (Jaipur)(Trib.)

S. 37(1) : Business expenditure-Prior Period expenses-Tax deducted in the financial year-Settlement on the rent in the year under consideration-Allowable. [S. 145]

Kamla Retail Ltd. v. Add. CIT (2022) 216 TTJ 483 (Chd.)(Trib.)

S. 37(1) : Business expenditure-Business loss-Capital or revenue-Acquiring company-Investment in subsidiaries-Write off expenditure-Acquiring business-Allowable as revenue expenditure. [S. 28(i)]

Refex Industries Ltd. v. Dy. CIT (2022) 216 TTJ 633 / 212 DTR 178 (Chennai)(Trib.)

S. 37(1) : Business expenditure-Rejection of books of account-Adhoc disallowance on suspicion and conjectures, without rejecting the books of account not justified. [S. 145]

ACIT v. Mangaldeep (2022) 216 TTJ 102 / 211 DTR 7 (Surat)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Addition made by simply suspecting that the amount of interest paid in excessive-addition cannot sustain as no strong reason given by the AO-Addition is not valid.

Nikhil Garg v. ITO (2022) 95 ITR 92 /216 TTJ 33 (UO) /145 taxmann.com 171 (Jaipur)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Question of diversion of funds for non-business purposes would only come into play in case of interest free advance or loan to another company and not in case of investment in another company.

ACIT v. Rideema Toll Pvt. Ltd. (2022) 194 ITD 439/ 216 TTJ 1 / 211 DTR 1 (Mum.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Interest paid by assessee partner to a Firm on debit balance, on account of withdrawal for tax payment-Held disallowance not justified as the end use of withdrawn funds from firm is immaterial. [S. 153A]

Late Ghansham Dass Through L/H Davinder Singh v. DCIT (2022) 216 TTJ 214 (Chad.)(Trib.)