Year: 2020

Archive for 2020


PCIT v .Navin Fluorine International Ltd. (Bom)(HC)(UR) Editorial: SLP of revenue is dismissed (SLP No.19379 of 2019 dt.13/08/2019) (2019) 417 ITR 55 (St.)(SC)

S.37(1) :Business expenditure – Commission paid to the foreign agents for having worked on behalf of the Assessee in procuring sales is held to be allowable- Business Loss – No colourable device employed by Assessee in the process sale of shares at low price- Loss is held to be allowable .[ S.28(i) ]

CIT v. Hongkong and Shanghai Banking Corporation Ltd (2020) 114 taxmann.com 275 (Bom.)(HC) Editorial: SLP of revenue is dismissed (SLP (C )No.19466 of 2019dt )(2019) 418 ITR 9 (St) (SC)/ (2020) 114 taxmann.com 276 (SC)

S.37(1) : Business expenditure – Capital or revenue – Bank NRI mobilisation expenditure – Amount paid to vacating the premises – Held to be allowable

PCIT v. Mahalaxmi Infra Projects Ltd (Bom) (HC) www.itatonline.org.

S.32: Depreciation –Special foundation of windmill – 80% depreciation allowed on Civil Construction, electrical and other non-integral part of installations as against 15% restricted by the AO .

CIT v. Gigabyte Technology (India) Ltd. (2020) 421 ITR 21 /195 DTR 334/ 273 Taxman 184 (Bom)(HC)

S.28(i) :Business loss – Business expenditure — Obsolescence allowance — Write of off obsolete stock – Allowable as business loss .[ S. 37(1) 145A]

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]