Author: ksalegal

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DCIT v. Dr. Sandeep Dave. (2019) 179 ITD 51 / 201 TTJ 683 / 182 DTR 109 (Raipur) (Trib)

S. 45 : Capital gains – Capital receipt – Professional goodwill -Business income -Compensation – Amount received against termination of right – Held to be capital receipt [ S. 2(14), 4, 28(ii(a), 55 ]

ACIT v. Eastern Silk Industries Ltd. (2019) 179 ITD 22/ 184 DTR 406 (Kol) (Trib.)

S.37(1): Business expenditure – Capital or revenue – DTT subscription to use Deloitte- Brand helped for getting more business- Held to be allowable as business expenditure.

ACIT v. Eastern Silk Industries Ltd. (2019) 179 ITD 22/ 184 DTR 406 (Kol) (Trib.)

S.37(1): Business expenditure – Club expenses – Expenditure Club expenses incurred by directors of company cannot be denied on ground of personal in nature.

ACIT v. Eastern Silk Industries Ltd. (2019) 179 ITD 22/ 184 DTR 406 (Kol) (Trib.)

S. 35 : Scientific research – Revenue expenditure incurred on in-house research and development facility, which was duly approved by competent authority . [ S. 35(1)(iv),35(2AB) ]

Indus Mobile Distribution (P.) Ltd. v. ITO (2019) 179 ITD 71 (Chennai) (Trib.)

S.32 : Depreciation- Trade mark – Depreciation cannot be rejected on ground that agreement to acquire trademark was entered into on post dated stamp paper. [ S.147 ,148 ]

ACIT v. Eastern Silk Industries Ltd. (2019) 179 ITD 22/ 184 DTR 406 (Kol) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot exceed more than exempt income .[ R.8D ]

ACIT v. Danda Brahmanandam. (2019) 179 ITD 38/(2020) 203 TTJ 485 /187 DTR 340 (Vishakha) (Trib.)/ACIT v. Battini Naggrswara Rao (2019) 179 ITD 38 / (2020) 203 TTJ 485/ 187 DTR 340 (Vishakha)(Trib.)

S.2(24)(iv):Income- The value of benefit or perquisite- Success fee paid by company Tirumala Milk products Pvt Ltd to Barclays Bank could not be treated as perquisites . [ S.48(1) ]

ITO v. Shanti Construction (2019) 73 ITR 115/ 201 TTJ 41 (UO) (Agra)(Trib.)www.itatonline.org

S. 145: Method of accounting -Project Completion Method-Percentage Completion Method- Project completion method is held to be valid- Deletion of addition in respect of advance received from customers is held to be valid . [ S.145(3) ]

Senior Bhosale Estate (HUF) v. ACIT ( 2019) 419 ITR 732/ 311 CTR 754/ 184 DTR 34 ( 2020) 269 Taxman 472 (SC), www.itatonline.org Editorial : Order of Bombay High Court is set aside and directed to decide on merit , CA No 7637 of 2008 dt 13 -02 2009 ( Nagpur Bench) Senior Bhosale Estate (HUF) v. ACIT (2019) 112 taxmann.com 133 (Bom ) (HC) Editorial:

S. 260A : Appeal – High Court – Condonation of delay – Reasonable Cause – Affidavit -Delay of 1754 days- No knowledge of passing of order which was stated in the affidavit- Contents of the affidavit was not disputed by the respondent – Delay was condoned – Matters are restored to the file of High Court to decide the appeals on merit in accordance with law. [ S.260A(2A) ]

Bhagwati Colonizer Pvt. Ltd. v. ITO ( 2020) 185 DTR 321 /203 TTJ 390( TM) (Amritsar)(Trib) www.itatonline.org

S. 253 : Appellate Tribunal – Powers-Delay of 571days- Mistake of counsel may be taken in to account in condonation of delay. [ S..253(1), 254(1), Limitation Act , 1963 , S.3, 5 ]