Month: October 2019

Archive for October, 2019


Sajid Khan v. PCIT (2019) 417 ITR 1 / 311 CTR 725/ 183 DTR 417/( 2020) 268 Taxman 97(All.)(HC)

S. 68 : Cash credits-Loan–Onus not discharged–Addition is held to be justified.[S. 69]

South India Minerals Corporation v. ACIT (2019) 417 ITR 306/ 266 Taxman 16 / 311 CTR 995/ 184 DTR 306(Mad.)(HC)

S. 45 : Capital gains–Transfer–Allotment letter-Long term-Short term-Assessee in possession of sheds since date of allotment-Assessee Paying Amounts Due Under Agreement-Sale deed executed on 11-1-1996-Transfer of sheds in same year-Assessable as long-term capital gains. [S.2(42A), 2(47)(v)]

CIT v. TVS Motors Ltd. (2019) 417 ITR 236 (Mad.)(HC)

S. 43B : Deductions on actual payment- Entry tax is held to be allowable as deduction.

Madura Coats P. Ltd. v. DCIT (2019) 417 ITR 115 (Mad.)(HC)

S. 37(1) : Business expenditure-Contribution to death relief fund for employees-Entitled to deductions. [S. 40A(9)]

Rajkumari Suniel Mutha (Smt.) v. ITO (2019) 417 ITR 295/ ( 2020) 269 Taxman 70 (Bom.) (HC)

S. 37(1) : Business expenditure-Compensation paid is held to be not allowable–Payment was held to be not genuine–No question of law. [S. 260A].

PCIT v. Dishman Pharmaceuticals and Chemicals Ltd. (2019) 417 ITR 373/ 112 taxman.com 991/ (2020) 190 DTR 307 (Guj.)(HC)

S. 37(1) : Business expenditure-Once prior period income is held to be taxable ,prior period expenses is held to be allowable. [S. 145]

CIT v. Bharti Telemedia Ltd. (2019) 417 ITR 248 (Delhi)(HC)

S. 37(1) : Business expenditure—Capital or revenue-Expenditure for obtaining Licence to operate telecommunication services— Held to be revenue expenditure. [S. 35ABB]

CIT v. TVS Motors Ltd. (2019) 417 ITR 236 (Mad.)(HC)

S. 35 : Scientific research-Advance paid for research and development equipment is held to be allowable expenditure. [S. 35(1)(iv)]

CIT v. TVS Motors Ltd. (2019) 417 ITR 236 (Mad.)(HC)

S. 31 : Repairs-Expenditure on replacement of dies and moulds is held to be current repairs. [S. 37(1)]

Electronic Corporation of Tamil Nadu Ltd. (ELCOT) v. DCIT (2019) 417 ITR 283 (Mad.)(HC)

S. 28(i) : Business loss-Advance of loans-Investment in shares constituted stock in trade–Loss on shares held to be allowable as business loss.[S. 37(1)]