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-Freebies to doctors-Matter referred to larger bench of three or more members to consider question as to allowability of expenditure. [S. 143(3), 153A Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. S. 20A]
DCIT v. Macleods Pharmaceuticals Ltd. ( 2021) 206 DTR 337/ (2022) 192 ITD 513 (Mum.)(Trib.) Editorial : Finance Act, 2022 amended the provision by inserting explanation 3 to section 37(1) of the Act w.e.f. 1/4/2022.
S. 37(1) : Business expenditure-Freight inward expenses-Incurred in cash-Supported by self made vouchers-Disallowance is restricted to 7.5 %.
Motor Machinery Tools. v. ACIT (2022) 192 ITD 42 (SMC) (Kol.)(Trib.)
S. 37(1) : Business expenditure-Pre-Operative expenses-Real estate business-Do not form part of work in progress-Office expenses, salaries, advertising, travelling expenses which are incurred for running of business operations are to be treated as revenue expenditure and allowed as deduction.
Logix Buildtech (P.) Ltd. v. ACIT (2022) 192 ITD 35 (Delhi) (Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Own funds are more than interest free investment-No disallowance can be made.
DCIT v. Macrotech Developer Ltd. (2022) 192 ITD 438 (Mum.) (Trib.)
S. 32 : Depreciation-Computer software-Integrated part of computer system-Eligible depreciation at rate of 60 percent.
Plintron Mobility Solutions (P.) Ltd. v. ITO (2022) 192 ITD 556 (Chennai)(Trib.)
S. 28(iv) : Business income-Value of any benefit or perquisites-Converted in to money or not-Dealer-Redistributor-Incentive from UI for purchase of Van-Not in the nature of perquisite-Reduced from the cost of acquisition for claiming depreciation. [S. 32, 43(1)]
Motor Machinery Tools v. ACIT (2022) 192 ITD 42 (SMC) (Kol.) (Trib.)
S. 28(i) : Business income-Gross income as per books of account and gross revenue in from No 26AS-Reconciliation statement was filed-Matter remanded to the Assessing Officer-Capital gains-Valuation report-Assessing Officer cannot reject the valuation report of the valuer without referring to valuation Officer-Matter remanded. [S. 45, 50C(2), 194H, Form No 26AS]
Govind Ganpatlal Thakkar. v. ACIT (2022) 192 ITD 647 (Ahd.) (Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Disallowing the expenditure without recording satisfaction is held to be not justified. [R. 8D]
Ashok Kirtanlal Shah v. ACIT (2022) 192 ITD 193 (Mum.)(Trib.)
S.14A : Disallowance of expenditure-Exempt income-Only the value of investments which yielded exempt income during year. [R. 8D (iii]
Shivnarayan Nemani Shares & Stock Brokers (P) Ltd. v. DCIT (2022) 192 ITD 50 (Mum.)(Trib.)