Author: ksalegal

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ACIT v. Shree Ganesh Developers (2018) 68 ITR 47 (SN)(Mum.)(Trib.)

S. 68 : Cash credits–Loan -Received by account payee cheque-Repaid by account payee cheque–Established genuineness of the transaction and creditworthiness of the lenders-Additions cannot be made.

ACIT v. N. S. Viswanathan (2018) 67 ITR 307 (Cochin)(Trib.)

S. 54F : Capital gains-Investment in a residential house-two residential units purchased at two different localities. Exemption was restricted to only investment in one residential house property. [S. 45]

ACIT v. Shri Shrey Sharma Guleri Prime Chhanel Software Communications P. Ltd. (2018) 64 ITR 67 (SN) (Mum.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Capital gains arising from sale of basement of a building which was used for habitable purposes was within purview of a residential flat-Entitle to exemption.[S. 45, 54]

Rajasthan State Industrial Development & Investment Corporation Ltd. vs. DCIT (2018) 195 TTJ 35 (Jaipur) (Trib.)

S. 37(1) : Business expenditure-Expenditure incurred for providing training through Apparel Training and Development center, being in the nature of Corporate Social Responsibility (‘CSR’) expenses is not allowable as a deduction.

NMDC v. ACIT (2018) 68 ITR 532/( 2019) 175 ITD 332/ 199 TTJ 772 (Hyd.)(Trib.)

S. 37(1) : Business expenditure-Penalty–Fine-Illegal mining- Compensation is not penalty -Allowable as deduction.

ACIT v. Rohit Kochar (2018) 68 ITR 67 (SN) (Delhi) (Trib.)

S. 37(1) : Business expenditure–Disproportionate increase in expenses-Disallowance of 10% of the business promotion expenses is held to be justified.

Sun TV Network Ltd v. ACIT (2018) 196 TTJ 944 / 172 DTR 345 (Chennai)(Trib.)

S. 36(1)(vii) : Bad debt- Unrealizable subscription dues from the cable operators written off by the assessee in the books of accounts is allowable as bad debts.

ACIT v. Rohit Kochar (2018) 68 ITR 67 (SN) (Delhi) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital–No proportionate disallowance of interest can be made unless the department establishes that the borrowed funds were utlilised for advancing interest free funds to relatives.

M. P. Police Housing Corporation Ltd. v. ACIT (2018) 68 ITR 53 (Indore)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Provision for interest on funds provided by government–Held to be allowable, subject to verification of payments in the subsequent years.

Sun TV Network Ltd. v. ACIT (2018) 196 TTJ 944 / 172 DTR 345(Chennai)(Trib.)

S. 32 : Depreciation-Film and serial broadcasting rights -Intangible assets – Entitle to depreciation. [S. 37(1)]