S.28(i): Business income- Agricultural income – Where the agricultural activities were carried out by the farmers mere supervision by the Assessee without carrying basic operation would not qualify as agricultural activities and accordingly income of the Assessee from processing, packing and sale of various seeds procured from farmers was liable to be treated as business income and not agricultural income [ S.10(1) ]
S. 35D : Amortization of preliminary expenses – Fees paid for increasing the authorize share capital of the assessee company which has been registered in an earlier year is not allowable as a preliminary expense [S. 40(a)(ia) , 194J]
S. 32 : Depreciation- Computer peripherals-Eligible higher rate of depreciation .
S. 32 : Depreciation- Non compete fee- Depreciation is held to be not allowable .
S. 28(i) : Business income- In terms of memorandum of association, main object of assessee company was to acquire properties and to further let out such properties, income earned from such letting out was to be brought to tax as ‘business income’ and not as ‘income from house property’ [ S. 22, 27(iiib), 269UA(f) ]
S.14A: Disallowance of expenditure – Exempt income – There was no exempt income earned and interest expense was not related to strategic investments of the company- Disallowance is not justified . [ R.8D ]
S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot made as without bringing basic fact that expenditure actually incurred to earn exempt income- Matter remanded to the AO. [ R.8D( 2) (ii) ]
S. 14A : Disallowance of expenditure – Exempt income -Share capital and reserve and surplus is higher than the investment in shares -No disallowances can be made [ R.8D(2)(ii) ]
S. 12AA : Procedure for registration –Trust or institution-Refusal of registration was held to be not justified without bringing any evidence to demonstrate that the object of the Trust is not charitable .[ S.2(15) ]
S. 12AA: Procedure for registration – Trust or institution – Power to reject application cannot be delegated by the CIT to its subordinates.[ S.12A ]