Month: March 2020

Archive for March, 2020


ACIT v. Crompton Greaves Ltd. ( 2019) 75 ITR 17 (SN )/ (2020) 181 ITD 40 / 203 TTJ 94(Mum.)(Trib.)

S. 43(6) : Written down value-WDV of building had been revised on account of disallowance of depreciation in past years-Depreciation on such higher revised opening WDV of building was to be allowed. [S. 32]

ITO v. Swati Housing & Construction (P.) Ltd. (2020) 180 ITD 854 (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Disallowance is applicable not only on payable amount but also on paid amount and under both circumstances TDS should be deducted-If payee had accounted for commission as his income and had shown it in his return of income and also paid tax thereon, then no disallowance could be made. [S. 201]

DCIT v. India Housing (2020) 181 ITD 1 (Kol.)(Trib.)

S. 37(1) : Business expenditure-Management supervision charges-Allowable as business expenditure.

Mahindra & Mahindra Ltd. v. DCIT (2020) 180 ITD 776 (Mum.)(Trib.)

S. 36(1)(vii) : Bad debt–Advance to subsidiary–Interest income was offered as income–Failure to repay the advances-Allowable as bad debts. [S. 28(i), 36(2), 37(1)]

Alpex International (P.) Ltd. v. ACIT (2020) 180 ITD 844 (Mum.) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Sufficient interest free funds-Interest free advances-Advance of loan to related parties– Matter remanded back for disposal afresh.

DCIT v. India Housing (2020) 181 ITD 1 (Kol.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Firm-Partners-Debit balances in partner’s current account–Opening debit balances-No disallowance can be made.

ACIT v. Crompton Greaves Ltd. ( 2019) 75 ITR 17 ( SN) /(2020) 181 ITD 40 / 203 TTJ 94(Mum.) (Trib.)

S. 35 : Scientific research expenditure-Weighted deduction-In house research and development facility-Mandate of approval of quantum of expenditure had been inserted with effect from 1-7-2016-for relevant year eligible for weighted deduction. [S.35(2AB)]

Shantaram Bhat Charitable Trust v. CIT (2020) 180 ITD 735 (Mum.)(Trib.)

S. 24 : Income from house property-Deductions-Trust would be entitled for deduction . [S. 11]

Alpex International (P.) Ltd. v. ACIT (2020) 180 ITD 844 (Mum.) (Trib.)

S. 24 : Income from house property-Deductions-Interest paid on borrowed fund–Loan utilised for construction of commercial property a part of which is let out–Allocation of interest-Held to be allowable. [S. 22, 24(b)]

Alpex International (P.) Ltd. v. ACIT (2020) 180 ITD 844 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Not earned any exempt income – No disallowances can be made. [R. 8D]