Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Joshi Technologies International Inc. v. Asst. CIT (IT) (2024)109 ITR 70 (Ahd)(Trib)

S. 32 : Depreciation-Block of asset-Good will – Intangible assets – Commercial assets – Matter is restored. [S. 32(1(ii)]

Joshi Technologies International Inc. v. Asst. CIT (IT) (2024)109 ITR 70 (Ahd)(Trib)

S. 32 : Depreciation-Rate of depreciation 1Plant and machinery 1Additional depreciation 1Exploration of crude Oil-Production of articles or things-Depreciation allowable at 60 Per Cent. [S.32(1)(iia), ITR, 1962, Appx. I, Entry Iii(8)(xii).]

Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)

S. 32 : Depreciation-Written down value – Optional-Depreciation was not claimed when it was optional-Assessee cannot be thrust upon to reduce written down value of assets.

Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)

S. 32 : Depreciation 1Purchase of assets treated as bogus 1Proportionate disallowance of depreciation each year is proper.

Indowind Energy Ltd. v.Dy. CIT (2024)109 ITR 68 (SN)(Chennai)(Trib)

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

Tata Steel Ltd. v. Dy. CIT (2024)109 ITR 18 (Mum) (Trib)

S.14A : Disallowance of expenditure-Exempt income – Suo motu disallowance-Additional disallowance cannot be made by general remarks without satisfying himself as to correctness of disallowance – Addition is deleted.[R.8D]

Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Failure to record objective dissatisfaction-Not examined the working submitted by assessee – Disallowance is deleted.[R.8D]

Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)

S. 10AA : Special Economic Zones-Qualifying profits 1Computation 1Gross total income 1Deduction to be allowed from the total income and shall not exceed such total income. [S.80AB]

ACIT v. Renu Vohara (Mum)( Trib) www.itatonline.org .

S. 74: Losses- Capital gains- Short term capital loss from sale of shares – Issue of bonus shares – Sale of original shares – Loss is allowable to be set off against the long term capital gain – Allegation of colourable device is not accepted .[ S. 45 ]

ACIT v. Rohit Krishna ( Mum)( Trib) www.itatonline .org .

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015)

S. 43 : Penalty for failure to furnish return of income an information or furnish inaugurate particulars of an asset (Including financial interest in any entity) outside India –Failure to report foreign assets in the return- Employees Stock option- Tax is deducted at source – Failure to disclose – Income was disclosed – Penalty provision should not be invoked for punishing a technical /venial /bonafide breach of any statutory obligation – Bonafide actions of the tax payers must be excluded from the application of provisions of this stringent legislation- Levy of penalty is not valid . [ S. 2(11) ITAct , S. 17(2) ]