Author: ksalegal

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South India Corporation Ltd. v. ACIT (2019) 412 ITR 239/ 177 DTR 337 (Ker.)(HC)

S. 37(1) : Business expenditure—Capital or revenue-Expenditure on repair of office room—Held to be capital expenditure.

Chemplast Sanmar Ltd. v. ACIT (2019) 412 ITR 323 (Mad.)(HC)

S. 37(1) : Business expenditure–Capital or revenue–Preoperative expenditure–new line of business-Business abandoned subsequently–Allowable as revenue expenditure.

Gopal Das Estates and Housing Pvt. Ltd. v. CIT (2019) 412 ITR 489/ 263 Taxman 8/ 176 DTR 193 (Delhi)(HC)

S. 37(1) : Business expenditure–Completion contract method- Compensation paid to allottees of flat who refuse to take up the allotment due to change in Regulation of Municipal Corporation- Allowable as business expenditure-Interest and guarantee commission-Service Charges — Held to be deductible. [S. 145]

Infrastructure Development Finance Co. Ltd. v. ACIT (2019) 412 ITR 115/ 262 Taxman 483 /(2020) 190 DTR 137(Mad.)(HC)

S. 36(1)(viii) : Eligible business-Special reserve-Providing long-term finance for Infrastructure Projects and facilities—Provision for bad and doubtful debts – held to be allowable. [S. 36(1)(viia)(c)]

Stabilix Solutions (P.) Ltd. v. ITO (2019) 412 ITR 82 (Ker.)(HC)

S. 10B : Export oriented undertakings-New undertaking using building and machinery on lease from sister concern—”Transfer” Includes Lease—Not entitled to exemption.

Intimate Fashions (India) P. Ltd. v. ACIT (2019) 412 ITR 615 (Mad.)(HC)

S. 10B : Export oriented undertakings-Setting off of carried forward losses-Matter remanded to Assessing Officer to decide afresh in light of decisions. [S. 10A]

CIT v. Sasken Communication Technologies Ltd. (2019) 412 ITR 468 (Karn)(HC)

S. 10A : Free trade zone -Expenses incurred in foreign currency to be excluded from export turnover and total turnover— Compensation received on termination of export agreement constituted profits of business—Supply of software to another exporter—Entitled to Exemption-Loss Carried Forward From earlier years can be set off against income of current Year— Amendment by Finance Act, 2000.

Infrastructure Development Finance Co. Ltd. v. ACIT (2019) 412 ITR 115/ 262 Taxman 483 /(2020) 190 DTR 137 (Mad.)(HC)

S. 10(23G) : Infrastructure undertaking-Long term finance-Interest-Liquidated damages fall within the purview of word interest-Entitle to exemption. [S. 2 (28A)]

Sree Chithra Educational, Cultural And Film Society v. DIT (2019) 412 ITR 76 (Ker.)(HC)

S. 10(22) : Educational institution-Institution Should exist solely for educational purposes—Income from educational institution utilised to purchase immovable property in names of members of society—Not entitled to exemption.

CIT v. Reliance Infocomm Ltd (2019) 179 DTR 112/ (2020) 314 CTR 551 (Bom.)(HC), www.itatonlin.org

S. 9(1)(vi) : Income deemed to accrue or arise in India–Royalty-The insertions of Explanations 5 & 6 to s. 9(1)(vi) by the Finance Act 2015 w.r.e.f. 01.04.1976, even if declaratory and clarificatory of the law, will not apply to the DTAAs. The DTAAs are a bilateral agreement between two Countries and cannot be overridden by a unilateral legislative amendment by one Country–Not liable to deduct tax at source -DTAA- India –Nether lands. [S. 195, Art.]