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-Provision for advertisement-Liability crystalised in the following year-Not allowable-Provision for warranty-Directed to verify and allow.
A.O. Smith India Water Products Pvt. Ltd. v. Dy.CIT (2021) 86 ITR 38 (SN.) (Bang.)(Trib.)
S. 37(1) : Business expenditure-Appointment of consultant as per agreement-Failure to get the business-Disallowance cannot be made-Not liable to deduct tax at source-DTAA-India-UAE. [S. 40(a)(i), Art. 14(7), 22(1)]
ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Salaries paid-Relative of promoter-No disallowance can be made-The Assessing Officer is not entitle to decide reasonableness and commercial expediency of expenditure.
ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Chartered Accountants firm-Payment of subscription fees and reimbursement of its share to international group entity-Allowable as deduction-Criminal complaint filed against partner of firm related business of firm-Professional fees paid towards defending suit in the name of partner-Allowable as business expenditure.
Deloitte Haskins and Sells v. ACIT (2021) 86 ITR 121 / 211 TTJ 89 / 202 DTR 349 (Delhi)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Fresh loan taken for repaying loan taken earlier-Interest paid on fresh loan allowable as deduction.
Suumeru Enterpises v. ITO (2021) 86 ITR 425 (Jaipur)(Trib.)
S. 32 : Depreciation-Temporary discontinuance of business-Lull in the business-New assets acquired during the year-Depreciation allowable.
Suumeru Enterpises v. ITO (2021) 86 ITR 425 (Jaipur)(Trib.)
S. 32 : Depreciation-Car parked at premises of managing director-Gym Equipment-Depreciation cannot be disallowed on the ground that it was used by the managing director.
ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)