Author: ksalegal

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CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342 / 309 CTR 42 (Ker.)(HC)

S. 145 : Method of accounting-Mercantile system-Legal steps taken for enhancement of rent -Rent claimed before the arbitrator should be shown as accruing when the matter is pending before the Arbitration. [S. 22, 23]

CIT v. DLF Home Developers Ltd. (2019) 411 ITR 378 (2020) 188 DTR 151 (Delhi) ( HC)

S. 145 : Method of accounting—Construction business–Percentage completion method–Brokerage expenditure–Allowable in the year when the expenditure is incurred. [S. 37(1)]

Covema Filaments Ltd. v. CIT (2019) 411 ITR 560 (Ker.)(HC)

S. 115JB : Book profit–Unabsorbed depreciation-Business loss-Remand by the Tribunal is held to be justified–Provision for interest on bank loans made for earlier years–Waiver of interest-Finding of the Tribunal that interest was an unascertained liability is held to be not proper- matter remanded. [S. 43B]

CIT v. Gillette India Ltd. (2019) 411 ITR 459 (Raj.) (HC) Editorial: SLP is granted to the revenue , PCIT v. Gillette India Ltd (2018) 408 ITR 26 (St) / 264 Taxman 27 (SC)

S. 92B : Transfer pricing–Associated enterprises—Expenditure advertisement, marketing and promotion—deletion of arm’s length adjustment -Held to be justified. [S. 92C]

CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342/ 309 CTR 42 (Ker.)(HC)

S. 72 : Carry forward and set off of business losses–Business loss can be set off only against business income [S. 28(i)]

J. J. Development Pvt. Ltd. v. CIT (2019)411 ITR 549 (Cal)(HC)

S. 68 : Cash credits-Share application money–Failure to appear in response to summons- Addition is held to be justified. [S. 131]

PCIT v. Mobisoft Telesolutions Pvt. Ltd. (2019) 411 ITR 607 (P&H)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source– Recipients of the interest income had included the income in their return and paid taxes thereon-No disallowance can be made- Second proviso inserted by Finance Act 2012 is retrospective effect. [S. 201(1)]

CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342/ 309 CTR 42 (Ker.)(HC)

S. 37(1) : Business expenditure-Must be for business purposes–Not necessary that income should have been earned.

PCIT v. Mobisoft Telesolutions Pvt. Ltd. (2019) 411 ITR 609 (P&H)(HC)

S. 37(1) : Business expenditure–Capital or revenue–Copy right expenses–Only license to use copy right–Allowable as revenue expenditure.

CIT v. DLF Home Developers Ltd. (2019) 411 ITR 378 /(2020) 188 DTR 151 (Delhi)(HC)

S. 37(1) : Business expenditure—Expenditure on software and payment to service provider is allowable as revenue expenditure.