Year: 2020

Archive for 2020


Teracom Ltd . v. ACIT (2020) 420 ITR 1 /113 taxmann.com 233 / 187 DTR 440/ 315 CTR 402(Bom) (HC)

S. 80IB: Industrial undertakings – Initial assessment year – Commenced manufacture in accounting year relevant to Assessment Year 2002-03 — Assessee cannot claim subsequent assessment year as year for initial deduction. [S.80IB(4), 80IB(14)]

CIT v. Hindustan Lever Ltd. (Bom)(HC)(UR) Editorial: SLP is granted to the revenue (C A No. 2015 of 2019)(2019) 413 ITR 320(St.)(SC)

S.80I : Deduction for Industrial undertaking – deduction should be given on profit without reducing the deduction u/s.80HH .[ S.80HH ]

PCIT v. Dhananjay International Ltd (2020) 114 taxmann.com 317 (Bom.)(HC) Editorial: SLP granted to the revenue. ( tagged along with 4090 of 2016 ) (CA No. 7600 of 2019, 16/09/2019)(2019) 418 ITR 17(St.)(SC) /(2020) 114 taxmann.com 351 (SC)

S.68 : Cash credits – Share Application Money -In the absence of incriminating material found during search – No addition can be made. [ S. 132, 153C ]

PCIT v. Rikin Exports (Bom)(HC)(UR) Editorial : SLP of revenue is dismissed. (SLP18517/2019 dt.24/02/2020)

S.45(3) : Foreign exchange forward contract loss – Allowable as business loss and setoff against loss. [ S.28(i) ]

PCIT v. Manohar H. Kakwani. (Bom) (HC) (UR) Editorial: SLP of revenue is dismissed (SLP No.18498 of 2019 dt.02/08/2019)(2019) 416 ITR 125 (St.)(SC)

S.45: Capital gains – No cost of acquisition of TDR (Development rights) – Not liable to capital gain tax.

PCIT v. Firoz Tin Factory (Bom)(HC)(UR) Editorial: SLP of revenue is dismissed (SLP No.21694 of 2019 dt.06/09/2019)(2019) 417 ITR 56 (St.)(SC)

S. 45: Capital gains – Land – Survey – Statement -There was no building on the land which was subject to depreciation – Rent was received only in respect of land – Provision of S.50 cannot be applied merely on the basis of statement in the course of survey [ S.50 ,133A, 194I ]

PCIT v. Life Insurance Corporation of India. (Bom)(HC)(UR) Editorial : SLP granted to the revenue (CA No.7335 of 2019 dt.06/09/2019)(2019) 418 ITR 14 (St.)(SC)

S. 44: Insurance business – Loss from Jeevan Suraksha fund cannot be added while computing the income from insurance business. [(S. 10(23AAB) ]

PCIT v. SICOM Ltd (2020) 274 Taxman 58 (Bom) (HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Remission of loan by Government of Maharashtra cannot be assessed u/s 28(iv) or 41(1) of the Act – Order of Tribunal is affirmed [ S.28(iv )]

CIT v. Rieter India Pvt. Ltd. (Bom)(HC)(UR) Editorial: SLP of revenue is dismissed (SLP No.12690 of 2019 (2019) 414 ITR 3(St.)(SC)

S.41(1) : Remission or Cessation of trading liability – Waiver of loan – OTS Scheme -Addition can not be made in to the income in respect of waiver of principal loan which was utilised for acquisition of capital assets . [ S. 28(iv)]

CIT v. Hongkong and Shanghai Banking Corporation Ltd. (Bom) (HC) (UR) Editorial: SLP of revenue is dismissed (SLP No.18521 of 2019 dt.02/08/2019)(2019) 416 ITR 124 (St.)(SC)

S.37(1) : Business expenditure : Bank NRI deposits mobilisation expenditure – replacement of shares – Held to be allowable.[ S.44AC ]