Author: ksalegal

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Jayantilal Investments v. ACIT (2018) 257 Taxman 103/ 170 DTR 220 (Bom)( HC)

S. 36(1)(iii) :Interest on borrowed capital -Construction business-Stock in trade – Interest paid on borrowings for purchase land -Allowable as revenue expenditure.

CIT v. Agricultural Produce Market Committee. (2018) 408 ITR 231/257 Taxman 234 (Karn)( HC)

S. 32 : Depreciation – Charitable Trust -Depreciation is allowable Computation provision did not discriminate between a charitable Trust and other assesses.[ S.11, 12A, 263 ]

PCIT v. Babul Products (P.) Ltd. (2018) 257 Taxman 100 (Guj.)(HC) Editorial :Order in Babul Products (P.) Ltd v. ACIT ( 2017) 167 ITD 402 ( Ahd) (Trib) is affirmed .

S.32: Depreciation- Stay order from Court- Factory could not run due to stay order of Court- Depreciation cannot be disallowed.

PCIT v. Karia Can Co. Ltd. (2018) 257 Taxman 189 (Bom) ( HC)

S. 23 : Income from house property – Annual value – Interest free security deposit – Interest offered as income from other sources-Notional interest on interest free deposit cannot be considered to determine annual letting value of property- Notional addition would amount to double taxation .[ S.22, 23(1)(b) ]

CIT v. Bhai Mohan Singh Foundation ( 2018) 95 taxmann.com 332 ( Delhi) (HC) Editorial: SLP of revenue is dismissed ;CIT v. Bhai Mohan Singh Foundation. (2018) 257 Taxman 90 (SC)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions -Trust was restrained from converting shares held by it in private limited company to other forms of permissible investment by virtue of restraint order of High Court in case of settlors from whom it had received shares, it could not be held liable for violation of provisions of S. 11(5) read with S. 13(1)(d) for holding shares for more than prescribed period- Exemption cannot be denied .[ S.11(5) ,113(1)(d) ]

CIT v. Agricultural Produce Market Committee. (2018)408 ITR 231/ 257 Taxman 234 (Karn)( HC)

S. 11 : Property held for charitable purposes – Accumulation of income did not exceed 15 per cent of income -Entitle exemption [ S.12A, 263 ]

PCIT v. Tesco Hindusthan Service Centre (P.) Ltd. (2018) 96 taxmann.com 74 (Karn) (HC) Editorial: SLP of revenue is dismissed ,PCIT v. Tesco Hindusthan Service Centre (P.) Ltd. (2018) 257 Taxman 92 (SC)

S. 10A : Free trade zone – For computing deduction if export turnover is arrived at after excluding certain expenses, said expenses should also be excluded from total turnover.

N. Annamalai v. PCIT (2018) 257 Taxman 192 (Mad)( HC)

S. 10(10C) :Public sector companies – Voluntary retirement scheme -ICICI Bank- Early Retirement Option Scheme- Entitled to exemption even though the assessee had filed revised return under S. 139(5), for relevant year beyond prescribed time period. [ S.139(5) ]

PCIT v. Road Infrastructure Development Corporation of Rajasthan Ltd. (2018) 257 Taxman 208 (Raj) ( HC) Editorial: SLP is granted to the revenue ,PCIT v. Road Infrastructure Development Corporation of Rajasthan Ltd. (2018) 257 Taxman 186 (SC)

S. 4:Income chargeable to tax-Capital or revenue-Income from other sources-Interest on funds deposited with banks – Prior to commencement of commercial operations will be in nature of capital receipt and will be required to be set off against pre-operative expenditure capitalized under head capital work-in-progress -Cannot be taxed as income from other sources. [ S.5, 56,145 ]

PCIT v. P.S. Raghupathy (2018) 257 Taxman 225 (Mad)(HC).Editorial: SLP of revenue is dismissed PCIT v. P.S. Raghupathy ( 2019) 261 Taxman 248 (SC)

S.2(14)(iii): Capital asset-Agricultural land – Beyond 8 Kms from nearest Municipality -Nursery- Land record showing the land as agricultural land – Sale consideration is exempt from tax .[ S.45 ]