Category: Tax Laws

Archive for the ‘Tax Laws’ Category


Engineering Professional Co. Pvt. Ltd. v Dy CIT (2020) 424 ITR 253 /186 DTR 33/ 313 CTR 272/ 270 Taxman 242 ( Guj) (HC)

S.44AB: Presumptive taxation — Construction Business — Appellate Tribunal remanding the matter-The Assessing officer not following the direction of the Appellate Tribunal – Directed the Assessing Officer to follow the direction- Availability of alternative remedy is not bar to entertaining the writ petition [ S.44AD ,144, 251(1),Art , 226 ]

CIT v. Jsw Steel Ltd (2020) 424 ITR 227/ 275 Taxman 587 (Karn)(HC), Editorial: Notice issued in SLP filed by the revenue , CIT v. JSW Steel Ltd ( 2021 ) 282 Taxman 300 (SC))/ .SLP dismissed , CIT v. JSW Steel Ltd ( 2022) 284 Taxman 277 (SC)

S. 43A : Rate of exchange – Foreign currency – Business loss- Rate of Exchange of foreign currency – loss on settlement of forward contract – Held to be allowable .

PCIT v. Western Agri Seeds Ltd. (2020) 424 ITR 244/192 DTR 142/ 316 CTR 590 (Guj)(HC)

S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable – Discount and rate difference- Deletion is held to be justified .

Precision Wires India Ltd. v. ACIT (2020) 424 ITR 130/ 272 Taxman 42 (Guj)(HC)

S.37(1): Business expenditure — Capital or revenue-Expenditure on replacing machinery destroyed by fire — Expenditure on dies and tools — Allowable as revenue expenditure.

National Refinery Pvt. Ltd. v. ACIT (2020)424 ITR 267 / 272 Taxman 160(Bom)(HC)

S.37(1): Business expenditure — Legal expenses —Defend its Directors and shareholders in individual capacities- Disallowance is held to be proper . [ S.260A ]

PCIT v. Western Agri Seeds Ltd. (2020) 424 ITR 244 /192 DTR 142/ 316 CTR 590 (Guj)(HC)

S.37(1): Business expenditure -Capital or revenue -Acquisition of non-transferable sub-licence – Allowable as revenue expenditure.

PCIT v. Grasim Industries Ltd. (2020) 424 ITR 236 (Bom)(HC)

S.37(1): Business expenditure — Capital or revenue -Acquisition of technical know-how -Depreciation- Allowable as revenue expenditure . [ S.32(1) ]

CIT (LTU) v. Cholamandalam Ms General Insurance Co. Ltd. (2020) 424 ITR 272 (Mad)(HC)

S.32: Depreciation —Uninterrupted power supply system for Computers —Entitled to depreciation at 60 Per Cent.

PCIT v V. A. Tech Wabag Pvt. Ltd. (2020) 424 ITR 105 (Mad) (HC)

S.28(i):Business loss —Fluctuation in rate of foreign exchange — Allowable as business loss . [ S.37(1) ]

CIT (E) v. India Habitat Centre (2020) 424 ITR 325 (Delhi)(HC)

S. 11 : Property held for charitable purposes – Charging certain goods and services – Not commercial activities – Onus on department to prove profit motive – No change in nature of activities from earlier years – Principle of consistency is applicable- Entitle to exemption [ S.2(15) 12 , 13 80G(5)(v)]