Author: ksalegal

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Ujwala Developers (P.) Ltd. v. DCIT (2025) 211 ITD 738 (Hyd) (Trib.)

S. 36(1)(iii) :Interest on borrowed capital-Interest on customer advances-Advances received from customers were utilized for business purposes as per MOU-Addition is deleted.

Mahle Behr India (P.) Ltd. v. DCIT (2025) 211 ITD 485 (Pune) (Trib.)

S. 35 : Expenditure on scientific research-Capital expenditure-Outside India-Not eligible for weighted deduction under section 35(2AB)-Eligible for deduction under section 35(1)(iv) of the Act.[S. 35(1)(iv), 35(2AB)]

Vidya Kunj School. v. ITO (2025) 211 ITD 11(SMC) (Raipur) (Trib.)

S. 32 : Depreciation-Not claimed-Commercial manner-As per Explanation 5 to section 32(1), depreciation was to be allowed while computing its income in a commercial manner. [S.11, 12, 12A, 32 (1)]

DCIT v. Gujarat State Electricity Corporation Ltd. (2025) 211 ITD 405 (Ahd) (Trib.)

S. 28(i) : Business income-Power generation-Interest income-Loans and advances to employees-interest income earned from loans and advances provided to employees is incidental to business of power generation and qualified as business income and not as income from other sources.[S. 56]

Nam Group Aslali. v. Assessing Officer, CPC (2025) 211 ITD 369 (Ahd) (Trib.)

S. 26 : Income from house property-Co-owners-Association of persons-Maximum marginal rate-Tax rate applicable to individual Co-owners-Matter remanded to the Assessing Officer.[S. 22, 167B]

JIL Information Technology Ltd. v. ACIT (2025) 211 ITD 277 (Lucknow) (Trib.)

S.14A : Disallowance of expenditure-Exempt income-No exempt income during year-No disallowance can be made.[R.8D]

Kotak Mahindra Bank Ltd. v. DCIT (2025) 211 ITD 608 (Mum.) (Trib.)

S.14A : Disallowance of expenditure-Exempt income-Merely because the AO did not expressly record his dissatisfaction about assessee’s calculation-The conclusion of the AO cannot be rejected-Only those investments are to be considered for computing disallowance under section 14A which yielded exempt income during year.[R.8D]

Surat Diamond Cutting & Polishing Cluster SPV Trust. v. CIT (2025) 211 ITD 143 (Surat) (Trib.)

S. 12AB : Procedure for fresh registration-Failure to file details-Provisional registration was cancelled-Matter remanded subject to cost of Rs. 10,000 imposed on the assessee. [S. 12A, 80G, Form No.10AB]

Ram Phool Hooda Charitable Trust. v. CIT (2025) 211 ITD 411 (Delhi) (Trib.)

S. 12AB: Procedure for fresh registration-Natural justice-Failure to issue show cause notice-Matter is remanded back to Commissioner (E).[S. 11, 12AA, R.11AA]

Inclusive Recycling Foundation. v. CIT (2025) 211 ITD 385 (Pune) (Trib.)

S. 12AA : Procedure for registration-Trust or institution-Not given finding on merits-Order of CIT(E) is set aside. [S.11, 12A(1)(ac)(vi)]