Year: 2018

Archive for 2018


Asia Investments Pvt Ltd v. ACIT (2018) 63 ITR 535 / 193 TTJ 214 (Mum.)(Trib.)

S. 36(1)(iii):Interest on borrowed capital-Finance Charges- Not deductible as these expenses were not relatable to the main business activity of the assessee. [S. 57(iii)]

Abhinand Investment Ltd. v. ITO (2018) 192 TTJ 51 (UO) (Kol.) (Trib.)

S. 36(1)(ii) : Interest on borrowed capital- Utilized for purchase of shares- Allowable as deduction.

P.H.I. Seeds Pvt. Ltd. v. DCIT ( 2018) 165 DTR 129 /192 TTJ 412(Delhi)( Trib)

S.28(i): Business income- Agricultural income – Where the agricultural activities were carried out by the farmers mere supervision by the Assessee without carrying basic operation would not qualify as agricultural activities and accordingly income of the Assessee from processing, packing and sale of various seeds procured from farmers was liable to be treated as business income and not agricultural income [ S.10(1) ]

Campbell Shipping (P) Ltd. v. ITO (2018) 192 TTJ 24 (Mum.)(UO)(Trib.)

S. 35D : Amortization of preliminary expenses – Fees paid for increasing the authorize share capital of the assessee company which has been registered in an earlier year is not allowable as a preliminary expense [S. 40(a)(ia) , 194J]

CEVA Freight India (P) Ltd. v. Dy. CIT (2018) 192 TTJ 887/ 172 DTR 55 (Delhi)(Trib.)

S. 32 : Depreciation- Computer peripherals-Eligible higher rate of depreciation .

Dy. CIT v. Excelax Bio Polymers (P) Ltd. (2018) 192 TTJ 49 (UO)(Delhi)(Trib.)

S. 32 : Depreciation- Non compete fee- Depreciation is held to be not allowable .

Oberoi Investments (P) Ltd. v. ACIT ( 2018)161 DTR 257 (Kol) ( Trib)

S. 28(i) : Business income- In terms of memorandum of association, main object of assessee company was to acquire properties and to further let out such properties, income earned from such letting out was to be brought to tax as ‘business income’ and not as ‘income from house property’ [ S. 22, 27(iiib), 269UA(f) ]

ACIT v. Paras Buildtech (India) (P.) Ltd. (2018) 62 ITR 284 (Delhi) ( Trib.)

S.14A: Disallowance of expenditure – Exempt income – There was no exempt income earned and interest expense was not related to strategic investments of the company- Disallowance is not justified . [ R.8D ]

Oricon Enterprises Ltd. v. ACIT (2018) 171 ITD 231 / 67 ITR 433(Mum) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot made as without bringing basic fact that expenditure actually incurred to earn exempt income- Matter remanded to the AO. [ R.8D( 2) (ii) ]

DLF Commercial Developers Ltd. v. Dy. CIT (2018) 164 DTR 207/192 TTJ 769 (Delhi)(Trib.)

S. 14A : Disallowance of expenditure – Exempt income -Share capital and reserve and surplus is higher than the investment in shares -No disallowances can be made [ R.8D(2)(ii) ]