Month: April 2020

Archive for April, 2020


ITO v. Ascendum KPS P. Ltd. (2020) 77 ITR 12 (SN) (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Consultancy fee-Failure to submit original bills cannot be a ground for making disallowance– Disallowances cannot be made on ad-hoc basis. [S. 145]

Panarc Consulting Group Pvt. Ltd. v. ITO (2020) 77 ITR 50 (SMC) (SN) (Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Share application money is capital borrowed for purpose of business or profession until shares are allotted-Allowable as deduction. Consulting charges-Matter remanded to AO. [S. 37(1)]

ACIT v. Transenergy Ltd. (2020) 77 ITR 74 (SN)(Chennai)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Advances for construction of factory building-No disallowance can be made-Reimbursement of expenses–Matter remanded. [S. 40(a)(ia)]

ATS Infrastructure Ltd. v. ACIT (2020) 77 ITR 70 (SN) (Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Interest free loans and advances to related party-Free funds available-Presumption that investments from interest-free funds available-No disallowances can be made.

Arihant Constructions v. ACIT (2020) 77 ITR 171 (SN) (Vishakha)(Trib.)

S. 32 : Depreciation-Not in business of running vehicles on hire-Not entitled to depreciation at higher rate.

L & T Housing Finance Ltd. v. Dy.CIT (2020) 77 ITR 85 (SN) / 186 DTR 153/203 TTJ 835 (Chennai)(Trib.)

S. 28(i) : Business loss-Housing Finance-Pre-termination of loan– Onus on AO to show that loss claimed by assessee was tax evasion device-Matter remanded. [S. 254(1)]

Record Investments and Leasing Pvt. Ltd. v. ITO (2020) 77 ITR 76 (SMC) (SN) (Mum.)(Trib.)

S. 23 : Income from house property-Business income-Annual letting value-Non-resident Director-Flat used as residence as well as carrying on business–Notional value from property cannot be assessed as income from house property. [S.22, 23(1), 23(4), 28(i)]

Rafiahamad Rasul Patel v. ITO (2020) 77 ITR 16 (SN) (Pune)(Trib.)

S. 22 : Income from house property-Business income-Unsold flats-Stock in trade-No rental income to be computed when flats held as stock-in-trade. [S. 23(5), 28(i)]

Nahalchand Laloochand P. Ltd. v. Dy.CIT (2020)77 ITR 664 /183 ITD 25 / 191 DTR 218/ 204 TTJ 975(Mum.) (Trib.)

S. 22 : Income from house property-Deemed owner-Income from house property–Income from business–Sub letting of property– Leasing of property for a period exceeding 12 years-Lease rental is assessable as income from house property and not as business income. [S. 27(iiib), 28 (i), 56, 269UA(f)]

ACIT v. Dr. ITM Ltd. (2020) 77 ITR 338 (SN) (Chd.)(Trib.)

S. 22 : Income from house property-Business income-Call centre services-Rental Income from property assessable as Income from house property-Income arising out of providing services assessable as business Income. [S. 24, 28(i)]