Author: ksalegal

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Sunflower Pharmacy. v. ITO (2023) 203 ITD 623 / 107 ITR 30 (SN (Ahd) (Trib)

S.37(1) : Business expenditure-Business of trading of drugs and medicines-Commission paid two doctors-Not allowable as deduction.

Mitra Trading & Exports (P.) Ltd. v. ACIT (2023) 203 ITD 395 (Mum)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Interest paid at the rate of 13.50 per cent-Interest received at rate of 11.50 per cent-Disallowance of difference is justified.

Marksans Pharma Ltd. v. DCIT (2023) 203 ITD 269 (Mum) (Trib.)

S. 35 : Expenditure on scientific research-Prior to amendment in rule 6(7A)(b) with effect from 1-7-2016, once facility is approved by DSIR, assessee is entitled to weighted deduction under section 35(2AB) and there is no requirement that expenses also need to be approved by DSIR in Form No. 3CL.[R.6(7A)(b)]

Dow Chemical International (P.) Ltd. v. DCIT (2023) 203 ITD 575 (Mum) (Trib.)

S. 32 : Depreciation-Intangible assets-Amalgamation-Matter remanded to the file of CIT(A) for de novo adjudication. [S. 32(1), 250]

DCIT v. Amrit Banaspati Company Ltd. (2023) 203 ITD 230 /226 TTJ 137 (Delhi) (Trib.)

S. 32 : Depreciation-Edible oil brand from a company on merger-Book value in the transferor company on date of merger was NIL-Subsequent change in its value had to be ignored-Not entitle to depreciation.[S. 2(19AA), 32(1)(ii)]

Alok Ferro Alloys Ltd. v. DCIT (2023) 203 ITD 199 (Raipur) (Trib.)

S. 32 : Depreciation-Addition in plant and machinery-Additional depreciation-Matter remanded back to the Assessing Officer.[32(1)(iia)]

ACIT v. Knowell Realtors India (P.) Ltd. (2023) 203 ITD 645 (Cochin) (Trib.)

S. 28(i) : Business income-Income from house property-Business of real estate development-Sale of commercial building let out to tenants earlier-Assessing the capital gains and income from house property as business income by the Assessing Officer is affirmed. [S. 22, 23, 45]

Dimple Enterprises. v. DCIT (2023) 203 ITD 1 (Mum) (Trib)

S. 23 : Income from house property-Annual value-Estate developer-Deemed rent-Unsold stock of flat/shop as stock-in-trade in its balance sheet-Deemed rent-Assessable as income from hose property-Notional rent was to be computed by ascertaining municipal rentable value. [S. 22]

Dy. CIT (E) v. Hamdard Laboratories (India) (2023) 203 ITD 729 (Delhi) (Trib.)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Concession in rent on property let out to its trustees-No change on facts-Denial of exemption is not justified.[S.11, 12 , 13(2)(b), 13(3)]

Math Gadwaghat Trust. v. CIT (2023) 203 ITD 661 / (2024) 228 TTJ 262 (Varanasi) (Trib)

S. 12AB : Procedure for fresh registration-Providing medical facilities to poor. CIT(E) is to directed to grant registration to assessee-trust under section 12AB. [S.12A]