Year: 2019

Archive for 2019


GKN Driveline (India) Ltd. v. DCIT (2018) 62 ITR 784 (Delhi)(Trib.)

S. 37(1) : Business expenditure–Provision for warranty claims is allowable expenditure.

GKN Driveline (India) Ltd. v. DCIT (2018) 62 ITR 784 (Delhi)(Trib.)

S. 37(1) : Business expenditure–Capital or revenue-Royalty and logo fees are allowable as revenue expenditure.

DCIT v. G.E. Capital Business Process Management Services Pvt. Ltd. (2017) 51 CCH 158 / 63 ITR 337 (Delhi)(Trib.)

S. 37(1) : Business expenditure–Capital or revenue-Software-License fee connectivity charges and coordination charges is allowable as revenue expenditure

DCIT v. Godawari Power & Ispat Ltd. (2018) 68 ITR 19 (SN) (Raipur)(Trib.)

S. 36(1)(va) : Any sum received from employees – Provident fund and employees State Insurance -Allowable as deduction though the amount was deposited after the due date but before the due date of filing of return. [S. 43B, 139(1)]

Laboratories Griffon (P) Ltd v.Dy .CIT (2018) 170 ITD 387 /65 ITR 317 / 193 TTJ 855/( 2019) 178 DTR 355 (Kol) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Interest paid on loan borrowed for renovation and modernization in assessee’s factory premises-Allowable as deduction.

DCIT v. Kuantum Papers Ltd. (2018) 62 ITR 439 (Delhi)(Trib.)

S 32 : Depreciation–Paper Brand-Trade marks -Intangible assets -Eligible depreciation.[S. 32 (1)(ii)]

Mahindra & Mahindra Ltd. v. Dy.CIT (2018) 193 TTJ 618 (Mum.)(Trib.)

S. 28(i) : Business loss-Write off of advances made for running and development of business is held to be allowable as deduction. [S. 37(1)]

DCIT v. Godawari Power & Ispat Ltd. (2018) 68 ITR 19 (SN) (Raipur) (Trib)

S. 14A : Disallowance of expenditure-Exempt income–Investments out of own funds and free reserves not liable for disallowance- 2% of dividend income was disallowed towards administrative expenses. [R. 8D]

DCIT v. Godawari Power & Ispat Ltd. (2018) 68 ITR 19(SN) (Raipur)(Trib.)

S. 4 : Charge of income-tax – Carbon credit -Capital or revenue -Additional ground -Receipt from sale of carbon credit is capital receipt-Not taxable as income – Additional ground was admitted and remanded the matter for verification. [S. 2(24), 80IA(4), 115BBG, 254(1)]

Rakshit Jain v. ACIT (2018) 171 DTR 401 / 305 CTR 577 / 103 CCH 64 (Delhi)(HC) Shrawan Gupta v. ACIT (2018) 171 DTR 401/ 305 CTR 577 / 103 CCH 64 (Delhi)(HC)/MGF Development Ltd v. ACIT (2018) 171 DTR 401/ 305 CTR 577 (Delhi)( HC) .

S. 276CC : Offences and prosecutions–Companies–Failure to furnish return would not come in way of criminal prosecution-Sanction–Commissioner empowered to sou moto initiate penalty even if assessing authority is Additional Commissioner-Return of income–Failure to furnish–Omission on part of the AO to impose penalty by itself does not mean default is not willful-Return of Income–Primary responsibility of furnishing return is of Managing Director–Directors also equally responsible for furnishing return. [S.139, 140, 271F, 278B, 279]