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-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.)
S. 28(i) : Business loss-Advance for business purposes-Amount written off-Allowable as business loss. [S. 37(1)]
BCL Secure Premises Pvt. Ltd. v. ACIT (2022) 93 ITR 267 (Delhi)(Trib.)
S. 22 : Income from house property-Annual letting value of rented property-Municipal rateable value much less than rental income shown-Addition cannot be made on guess work. [S. 23]
Mll Logistics P. Ltd. v. ACIT (2022)93 ITR 513 (Mum.)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Entire expenditure cannot be disallowed. [R. 8D]
Dy. CIT v. Acquire Services Pvt. Ltd. (2022) 93 ITR 613 (Delhi)(Trib.)
S. 11 : Property held for charitable purposes-Education-Publication of Text books and selling of school text books-Surplus income utilised for education-Entitled to exemption. [S. 2(15), 11(4A), 12]
ACIT(E) v. Delhi Bureau of Text Books (2022) 93 ITR 411 (Delhi)(Trib.)
S. 10A : Free trade zone-Expenditure of telecommunication charges, insurance charges, etc.-Travel expenses incurred in foreign currency-Deductible from both export turnover and total turnover-Loss on account of employee misappropriation-Deduction allowable on enhanced profit.
Sandisk India Device Design Centre Pvt. Ltd. v. ITO (2022) 93 ITR 569 (Bang.)(Trib.)