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. 43(1) : Actual cost-Depreciation-Expenses on rent and under other heads incurred during construction of hotel building prior to commencement of business is to be capitalised and depreciation is allowable. [S. 32]
Waterline Hotels Pvt. Ltd. v. DCIT (2021) 91 ITR 2 (SN) (Bang.)(Trib.)
S. 40A(9) : Expenses or payments not deductible-Bonus to employees-Payments to external agencies for employees welfare-Allowable as deduction u/s. 37(1) of the Act. [S. 37(1)]
Karnataka State Industrial Infrastructure Development Corporation Ltd. v. Dy. CIT (2021) 199 DTR 139 (Bang.)(Trib.)
S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Freight payments made to transporters for purchase of paddy-Disallowance sustained.
Dy. CIT v. Daawat Foods Ltd. (2021) 91 ITR 110 (Delhi)(Trib.)
S. 40(b)(iv) : Amounts not deductible-Partner-Interest-Deed providing for payment of interest-Assessing Officer to calculate interest payable to partner in terms of section and directed to allow.
Walker Chandilok and Co. LLP v. ACIT (2021) 91 ITR 19 (SN) (Delhi)(Trib.)
S. 40(a)(ii) : Amounts not deductible-Rates or tax-Education Cess-Allowable as business expenditure. [S. 37(1)]
Tech Mahindra Business Services Ltd. v. DCIT (2021) 91 ITR 8 (SN) (Mum.)(Trib.)
S. 40(a)(ii) : Amounts not deductible-Rates or tax-Education Cess-Allowable as business expenditure. [S.37(1)]
Tech Mahindra Business Services Ltd. v. DCIT (2021) 91 ITR 8 (SN) (Mum.)(Trib.)
S. 40(a)(ii) : Amounts not deductible-Rates or tax-Education Cess-Additional surcharge levied on Income-tax-Not deductible.
Kanoria Chemicals and Industries Ltd. v. ACIT (2021) 91 ITR 82 (SN) (2022) 210 DTR 279 (Kol.)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Amendment by Finance (No. 2) Act, 2014 limiting disallowance to 30 per cent. of sum payable-Cannot be applied to Assessment Year 2009-10-Disallowance sustained.
Dy. CIT v. Daawat Foods Ltd. (2021) 91 ITR 110 (Delhi)(Trib.)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Service rendered outside India-Fees for technical services-Not taxable in India-DTAA-India-Mauritius-Liability for tax deduction at source could not be fastened on basis of subsequent amendment to law with retrospective effect-Payment not liable to be disallowed for failure to deduct tax at source. [S. 9(1)(i), 9(1(vii), Art. 7, 22]
TVS Electronics Ltd. v ACIT (2021) 91 ITR 30 (SN) (Chennai)(Trib.)