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)(ia) : Amounts not deductible-Deduction at source-Non-Resident rendering services of Information Technology infrastructure-Royalty-Liable to deduct tax at source-Disallowance is justified-DTAA-India-Portugal. [S. 9(1)(vi)]
Bekaert Industries P. Ltd. v. Dy. CIT (2022) 194 ITD 201 / 93 ITR 462 (Pune)(Trib.)
S. 37(1) : Business expenditure-Interest-Failure to prove for the purpose of business-Disallowance is justified.
Mll Logistics P. Ltd. v. ACIT (2022) 93 ITR 513 (Mum.)(Trib.)
S. 37(1) : Business expenditure-Unrealised export sales and foreign exchange loss-Unbilled revenue brought into India lower than sum reduced b Assessing Officer-Allowable as deduction.
Sandisk India Device Design Centre Pvt. Ltd. v. ITO (2022) 93 ITR 569 (Bang.)(Trib.)
S. 37(1) : Business expenditure-Taxes and rates-Interest on delayed payment of tax deducted at source-Not penalty-Compensatory in nature-cannot be treated as tax-Allowable as deduction-Repairs and maintenance-Ad-hoc disallowance is not justified. [S. 40(a)(ii)]
ITO v. MVL Credit Holdings and Leasing Ltd. (2022) 93 ITR 533 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Capital or revenue-Bad debts-Security deposits to land lord-Written off as revenue expenditure-Allowable as revenue expenditure. [S. 36(1)(vii)]
Emkay Global Financial Services Ltd. v. Dy. CIT (2022) 93 ITR 96 (Mum.)(Trib.)
S. 37(1) : Business expenditure-Bogus purchases-Purchase of diamond though commission agent-Identity and genuineness is established-Deletion of addition is held to be proper.
ACIT v. PC Jewellers Ltd. (2022) 93 ITR 244 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Franchisee agreements for operating stores-Renovation and repairs of stores-Revenue expenditure-Education Cess and secondary and higher education cess-Allowable as deduction-Employees Stock Option Plan-Additional grounds admitted-Matter remanded.
Dy. CIT v. Jubilant Foodworks Ltd. (2022) 93 ITR 1 (Delhi)(Trib.) Editorial : Affirmed in PCIT v. Jubilant Foodworks Ltd. (2022)447 ITR 29 (All)(HC)
S. 36(1)(va) : Any sum received from employees-Contribution to Employees Provident Fund and Employees’ State Insurance Corporation-Delay in depositing-Deduction not allowable. [S. 2(24)(x)]
ACIT v. PC Jewellers Ltd. (2022) 93 ITR 244 (Delhi)(Trib.)
S. 35D : Amortisation of preliminary expenses-Share capital to Public through initial public offer-Utilising 92 Per Cent. of receipts on working capital-92 Per Cent. of share issue expenditure allowable as revenue expenditure-Balance 8 Per Cent. to be treated as capital expenditure. [S. 37(1)]
ACIT v. PC Jewellers Ltd. (2022) 93 ITR 244 (Delhi)(Trib.)