rule-37ba

Judgments on rule-37ba

• DCIT Cir-3(1) Kol. vs. M/s Narayani Ispat Pvt. Ltd. — ITAT, 2017
  Interest paid for late deposit of service tax and TDS is allowable as a deduction under Section 37(1) of the Income-tax Act, 1961.
• AT & T Global Network Services India Private Limited vs Assistant Commissioner of Income Tax — ITAT,
  Inadvertent errors in reporting should not preclude the allowance of legitimate deductions if the factual basis is verified.
• C.I.T., Delhi vs Bharti Hexacom Ltd. — SC,
  The variable annual licence fee paid under the New Telecom Policy of 1999 is capital in nature and should be amortised under Section 35ABB.
• Union of India & Anr. vs M/s. Ganpati Dealcom Pvt. Ltd. — SC,
  The 2016 Amendment Act cannot be applied retrospectively as it creates new offences and substantive changes, which cannot be applied to past transactions.
• M/s. Texas Instruments (India) Private Limited vs ACIT (LTU), Bengaluru — ITAT,
  Expenses incurred for software usage and IT support services, which do not result in acquisition of any asset or enduring benefit, are revenue in nature.
• Allegis Services (India) Pvt. Ltd. vs Asst. Commissioner of Income Tax — ITAT, 2020
  Expenditure incurred under Section 80G cannot be denied merely because it forms part of CSR payments, leading to double disallowance.
• M/s JMS Mining Pvt. Ltd. vs PCIT, Kolkata-2 — ITAT, 2021
  The invocation of jurisdiction under Section 263 requires the order of the Assessing Officer to be both erroneous and prejudicial to the revenue.