Category: Tax Laws

Archive for the ‘Tax Laws’ Category


CIT v. Vishal Transformers And Switchgears Pvt. Ltd. (2018) 405 ITR 266 (All) (HC)

S.36(1)(vii) :Bad debt – Mere write off is sufficient and it is not necessary to establish that debt had become irrecoverable.

CIT v. Vishal Transformers And Switchgears Pvt. Ltd. (2018) 405 ITR 266 (All) (HC)

S.36(1)(vii) :Bad debt – Mere write off is sufficient and it is not necessary to establish that debt had become irrecoverable.

Nirma Ltd v. ACIT (2018) 405 ITR 277 (Guj) (HC)

S.36(1)(iii): Interest on borrowed capital —Capital can be used for acquisition of capital asset —Premature redemption of premium notes — Liability for interest is not contingent —Interest is deductible.

CIT v. Shree Benzophen Industries Ltd. (2018) 405 ITR 185 (Guj) (HC) Editorial: SLP of revenue is dismissed ; CIT v. Shree Benzophen Industries Ltd. (2018) 401 ITR 170 (St)

S. 36(1)(iii) :Interest on borrowed capital – 15% rate of interest was paid on borrowed capital – Allowable as deduction on principle of commercial expediency .[ S.37(1) ]

CIT v. Kanoria Sugar And General Manufacturing Co. Ltd. (2018) 407 ITR 737 (Raj) (HC) Editorial: SLP of revenue is dismissed; CIT v. Kanoria Sugar And General Manufacturing Co. Ltd. (2018) 405 ITR 1 ( St)

S. 36(1)(iii) :Interest on borrowed capital -Amount borrowed utilised for purchase of capital assets — Interest is deductible .

Banco Products (India) Ltd. v. DCIT (2018) 405 ITR 318/ 258 Taxman 244 (Guj) (HC)

S. 35 : Scientific research – Weighted deduction —Date of approval is not relevant — Application for approval in December 2006 and approval was granted in October 2008 — Entitle to weighted deduction.[ S.35(2AB) ]

CIT v. Malayala Manorama Co. Ltd. (2018) 405 ITR 249/171 DTR 254 (Ker) (HC)

S. 32: Depreciation -Plant and machinery put to use in April 1992 — Depreciation is not allowable for the assessment Year.

Sun Outsourcing Solutions P. Ltd. v. CIT (2018) 407 ITR 480/ 171 DTR 358/ 305 CTR 537 (T&AP) (HC)

S. 17 : Perquisite – Salary-Employees deputed abroad — Extra payment to meet costs constitute perquisites- Liable to deduct tax at source . [ S.15,17(2), 192 ]

Sun Outsourcing Solutions P. Ltd. v. CIT (2018) 407 ITR 480/ 171 DTR 358/ 305 CTR 537 (T&AP) (HC)

S. 17 : Perquisite – Salary-Employees deputed abroad — Extra payment to meet costs constitute perquisites- Liable to deduct tax at source . [ S.15,17(2), 192 ]

CIT v. Ultra Tech Cement Ltd. (2018) 407 ITR 500 (Bom) (HC) Editorial: SLP of revenue is dismissed; CIT v. Ultra Tech Cement Ltd. (2018) 406 ITR 12 ( St)

S. 14A : Disallowance of expenditure – Exempt income -Tribunal remanding the issue of interest expenses and deleting other expenses-– Order of Tribunal is up held – No question of law [S. 254(1) , 260A, R.8D ]