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-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.)

S. 35AB : Know-how-Technical know-how-Allowed in initial year-Balance of claim in succeeding 5 years should be allowed as deduction without adjudicating on admissibility of claim.

Mercedez-Benz India (P.) Ltd. v. DCIT (2022) 193 ITD 624 (Pune)(Trib.)

S. 32 : Depreciation-Additional depreciation-Put to use in earlier year-20 per cent of actual cost of plant or machinery-Put to use less than 180 days-50 percent of additional depreciation allowable. [S. 32(1)(iia)]

DCIT v. National Engineering Industrial Ltd. (2022) 193 ITD 420 (Kol.)(Trib.)

S. 23 : Income from house property-Annual value-Builder-Unsold flats-Stock in trade-No addition can be made on account of deemed rental income could be made in respect of unsold stock of flats held as stock in trade upto assessment year 2017-18. [S. 22, 23(5)]

Pegasus Properties (P.) Ltd. v. DCIT v. (2022) 193 ITD 514 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Interest-Own capital and free reserves-More than investments-No disallowance is to be made. [R. 8D]

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

S. 12AA : Procedure for registration-Trust or institution-Education-Providing education and training in field of remote sensing for preservation of environment through optimization of land use and natural resources-Specialized post-graduate degree-Constituted education for charitable purpose-Entitled registration. [S. 2(15)]

Haryana State Remote Sensing Application Centre v. CIT(E) (2022) 193 ITD 706 / 94 ITR 10 (SN) (Delhi)(Trib.)