Year: 2018

Archive for 2018


CIT v. Damac Holdings Pvt. Ltd. (2018) 401 ITR 495/253 Taxman 123 (Ker) (HC)

S. 37(1) : Business expenditure – Expenditure on levelling of land was held to be allowable – Presumption applies only to the extent of documents seized [ S.132(4A ]

ACIT v. Claridges Hotels Pvt. Ltd. (20180 61 ITR 135 (Delhi) (Trib)

S. 36(1)(vii) :Bad debt -Amounts written off was held to be allowable as deduction.

DCIT v. Associated Pigments Ltd. (2018) 61 ITR 553 (Kolk) (Trib)

S. 36(1)(vii): Bad debt -Amount written in books of account although the entry was back dated was held to be allowable as deduction .

DCIT v. Incite Homecare Products (P.) Ltd. (2018) 61 ITR 94 (Chd.) (Trib)

S. 36(1)(iii): Interest on borrowed capital —Interest free fund was used for purchase of land and construction of godown hence interest paid on borrowed capital was held to be allowable .

ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)

S. 36(1)(iii) :Interest on borrowed capital -Investment in subsidiaries- Nexus was established -Interest was held to be allowable deduction.

DCIT v. Narayani Ispat Pvt. Ltd. (2018) 61 ITR 371 (Kolk) (Trib)

S. 36(1)(iii) :Interest on borrowed capital -Having its own capital at end of financial year relevant assessment year for advancing money for not charging interest , interest payment cannot be disallowed .

CIT v. Mira Exim Ltd. (2018) 400 ITR 28 (Delhi) (HC)

S. 36(1)(iii) :Interest on borrowed capital – Advance to director for the purpose of business- Disallowance of interest cannot be made .

CIT v. Modern Threads (I) Ltd. (2018) 400 ITR 381 (Raj) (HC) CIT v. Modern Syntex (2018) 400 ITR 381 (Raj) (HC)

S. 36(1)(iii) :Interest on borrowed capital – Borrowings for expansion of business, interest was held to be allowable as deduction-Amendment to S.36,with effect From 1-4-2004 is prospective and not retrospective.[ S. 37(1) ]

PCIT v.Sahjanand Laser Technology Ltd. (2018) 401 ITR 478 (Guj) (HC)

S. 36(1)(iii):Interest on borrowed capital — Interest free advances out of surplus funds hence interest was held to be allowable .

CIT v. Reliance Industries Ltd ( 2018) 161 DTR 420/ ( 2019) 410 ITR 468 ( Bom) (HC)Editorial: Affirmed, CIT v. Reliance Industries Ltd ( 2019) 410 ITR 466 /175 DTR 1/ 307 CTR 121 (SC)

S. 36(1)(iii) :Interest on borrowed capital – Advance to subsidiaries- Presumption is that the advance was from the interest free generated or available with the company- Disallowance of interest was held to be not valid .