Month: May 2020

Archive for May, 2020


PCIT v. City Centre Mall Nashik Pvt. Ltd( 2020) 424 ITR 85 /121 taxmann.com 87 (Bom)(HC)

S. 28(i): Income from business – Income from house property – Exploitation of property commercially by way of complex commercial activities – Rental income is to be taxable as income from business – Not as Income from House Property. [S.22]

PCIT v. Pat Commodity Service Pvt. Ltd. (Bom.)(HC), www.itatonline.org

S.28(i): Business income- Client code modification-(CCM )- Shifting of profits- Addition as income on the basis of alleged doubtful transaction is held to be not valid – Deletion of addition b the Tribunal is affirmed. [S.69, 143(3)]

Nirved Traders Pvt. Ltd. (2020) 421 ITR 142 (Bom) (HC)

S. 14A: Disallowance of expenditure – Exempt income -Disallowance cannot exceed assessee’s exempt income. [R.8D]

CIT v. HSBC Invest Direct (India) Ltd. (2020) 421 ITR 125 (Bom) (HC)

S. 14A: Disallowance of expenditure – Exempt income – Disallowance cannot exceed exempt income earned — Tribunal restricting disallowance to extent offered by assessee is held to be proper. [R.8D]

PCIT v Dish TV India Ltd (Bom) (HC) (UR ).

S. 14A : Disallowance of expenditure – Exempt income – In the absence of any exempt income, disallowance is not permissible. [ R.8D]

PCIT v. Bank of India ( Bom) (HC) (UR)

S. 14A : Disallowance of expenditure – Exempt income – Rule 8D is not applicable to assessments prior to AY. 2008 -09 [R.8D]

PCIT v .Morgan Stanley India Securities P Ltd (Bom)(HC)(UR)

S. 14A : Disallowance of expenditure – Exempt income – When there is no exempt income declared during the year no disallowance can be made .[ R.8D(2) (ii) ]

PCIT v Khoinoor Project Pvt Ltd ( 2020) 425 ITR 700 / (2021) 276 Taxman 180 (Bom) (HC)

S. 14A: Disallowance of expenditure – Exempt income – When there is no exempt income declared during the year no disallowance can be made. [R. 8D (2) (ii) ]

CIT(E) v. Matoshri Arts & Sports Trust. (Bom) (HC) (UR) Editorial: SLP of revenue is dismissed (SLP No.17828 of 2019 dt.26/07/2019)(2019) 416 ITR 127 (St.)(SC)

S.11: Exemptions – Trust was not engaged in running the restaurant, bar etc. – Exemption is held to be allowable.

CIT v. Siemens Nixdorf Information Systems Gmbh (2020) 114 taxmann.com 531 (Bom)(HC) Editorial : SLP oof Revenue dismissed , CIT (IT) v. Siemens Nixdorf Information Systemse Gmbh (2023)453 ITR 741 / 293 Taxman 1 (SC)

S.2 (14)(a): Capital asset –Advance given to subsidiary – Loss – Held to be allowable as short term capital loss [S. 2(42A) ,2(47)]