Month: June 2019

Archive for June, 2019


Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi) (Trib.)

S. 37(1) : Business expenditure-Prior period expenses–Method of accounting -Bills received during the year–Liability crystallised during the year–Allowable as deduction. [S. 145]

Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi)(Trib.)

S. 37(1) : Business expenditure–Interest-Commercial expediency –Unrelated parties-Payment was made as part of contract– Disallowances cannot be made. [S. 36(1)(iii)]

Diamond Crucible Company Ltd. v. ACIT (2019) 176 ITD 258 (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Indian subsidiary-Head office- Payment to holding company for providing services-Matter remanded.

South Indian Bank Ltd. v. ACIT (2019) 176 ITD 309 (Cochin) (Trib.)

S. 36(1)(viii) : Eligible business-Special reserve–Development of housing-Long term finance-Construction/purchase of residential houses- Not entitle to deduction in respect of income from loans given for individual residential houses.

Malad Sahakari Bank Ltd. v. DCIT (2019) 176 ITD 438/ 182 DTR 350 (Mum.) (Trib.)

S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts- Schedule bank-Co-operative bank- Eligible for deduction of provision for doubtful debt and loss assets to extent of 7.5 per cent of business income (computed before making any deduction under this clause and Chapter VIA). [S. 37(1)]

Malad Sahakari Bank Ltd. v. DCIT (2019) 176 ITD 438/ 182 DTR 350 (Mum.) (Trib.)

S. 36(1)(vii) : Bad debt-Amounts written off of bad debts-Entitle to deduction. [S. 36(2)]

Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Interest free advances-Notional disallowance-Burden is on revenue to prove that borrowed capital has been used for interest free advance or loan-No disallowance can be made.

Malad Sahakari Bank Ltd. v. DCIT (2019) 176 ITD 438/ 182 DTR 350 (Mum.) (Trib.)

S. 32 : Depreciation-Co-operative bank-Securities held as ‘Available for sale’ which was computed and claimed consistently by assessee every year in its profit and loss account- Held to be allowable.

Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi)(Trib.)

S. 22 : Income from house property–letting out property– Assessable as income from house property and not as business income.[S. 28(i)]

Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi)(Trib.)

S. 14A : Disallowance of expenditure – Exempt income – Suo moto disallowance which is more than exempt income- No disallowance can be made. [R. 8D]