Month: June 2019

Archive for June, 2019


Dattatray Poultry Breeding Farm (P.) Ltd. v. ACIT (2019) 415 ITR 407/ 263 Taxman 324 (Guj.)(HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Cash credits-Liabilities doubted-Cannot be taxed u/s. 41(1) [S.68]

Nandkishor Motilal Shah. v. CIT (2019) 415 ITR 429/ 263 Taxman 36/ 179 DTR 170/ (2020) 314 CTR 663 (Bom.)(HC)

S. 37(1) : Business expenditure–Capital or revenue-Amount forfeited by seller upon failure to pay full instalments within stipulated time period would be capital expenditure.[S. 28(i)]

CIT v. TVS Electronics Ltd. (2019) 419 ITR 187/ 263 Taxman 164 (Mad.)(HC)

S. 35 : Scientific research–Weighted deduction-Research and Development-Expenditure on development of “Research and Development’ facility was allowable even though approval of concerned Ministry of Central Government was under consideration or awaited. [S. 35(2AB)]

PCIT v. Piramal Glass Ltd. (Bom.)(HC), www.itatonline.org

S. 32 : Depreciation-Intangible asset-Non-compete fee-The expression “or any other business or commercial rights of similar nature” used in Explanation 3 to sub-section 32(1)(ii) is wide enough to include non-compete rights–Eligible for depreciation. [S.32(i(ii)]

CIT v. Associated Cables (P.) Ltd. (2019) 105 taxmann.com 113/263 Taxman 251 (Bom.)(HC) Editorial: SLP of revenue is dismissed; CIT v. Associated Cables (P.) Ltd. (2019) 263 Taxman 250 (SC)

S. 32 : Depreciation-Unabsorbed depreciation-Carry forward and set off-Eligible and for carry forward and set off against business profits. [S. 32(2)]

PCIT v .Jitendra J. Mehta (2019) 104 taxman.com 448 / 263 Taxman 6 (Bom.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Jitendra J. Mehta. (2019) 263 Taxman 5 (SC)

S. 32 : Depreciation-Additional depreciation-Revision of orders prejudicial to revenue-Tribunal allowed assessee’s claim for additional depreciation by following order of jurisdictional High Court – Revision is held to be not valid. [S. 263]

Time Media & Entertainment LLP v. ITO (Mum.)(Trib.), www.itatonline.org

S. 28(i) : Business loss-Future and options loss-Client code modification- Repetitive client code modifications-Client code modifications are tainted with collusive action and manipulation– Loss is held to be bogus–Not allowable as business loss- Reassessment is also upheld. [S.133(6), 147, 148]

V. Ramakrishnan v. DCIT (2019) 263 Taxman 145 (Mad.)(HC)

S. 15 : Salaries–Provision made by a company for payment of managerial remuneration- Liable to be assessed as salary.

Sree Chithra Educational Cultural And Film Society v. DIT (2019) 412 ITR 76 / 263 Taxman 93 (Ker.)(HC)

S. 10(22) : Educational institution-Property was purchased in name of Secretary and Manager of Society for running a school- Profits of institution was being used for self aggrandizement-Denial of exemption is held to be justified. [S. 12AA]

CIT v. Rajasthan Small Industries Corporation Ltd. (2019)105 tamann.com 81/ 263 Taxman 253( Raj) (HC) Editorial: SLP of revenue is dismissed ,CIT v. Rajasthan Small Industries Corporation Ltd. (2019) 263 Taxman 252 (SC)

S. 5 : Scope of total income–Accrual-Demurrage charges–Mercantile system of accounting. [S. 145]