Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Miele India Pvt. Ltd. (2021) 433 ITR 286 / 281 Taxman 10/ 203 DTR 65/ 322 CTR 828 (Delhi)(HC)

S. 37(1) : Business expenditure-Setting up and commencement of business-lease deed executed-Business set up-Pre-Operative expenses allowable.

Coffeeday Global Ltd. v. Add. CIT (2021) 433 ITR 321 / 202 DTR 217/ 322 CTR 336 (Karn.)(HC) PCIT v. Amalgamated Bean Coffee Trading Co. Ltd. (2021) 433 ITR 321 / 202 DTR 217/ 322 CTR 321 (Karn.)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Presumption that investment was made from interest-free funds-Disallowance of interest is held to be not justified-Expansion and Extension of business-Proviso to Section 36(1)(iii) applies only to extension of business-Proviso does not have retrospective operation-Res judicata is not applicable to income tax proceedings but principle of consistency must be followed.

CIT(LTU) v. Lakshmi General Finance Ltd. (2021) 433 ITR 94/ 282 Taxman 82 (Mad.)(HC)

S. 32 : Depreciation-Windmill-Generated a small amount of electricity-Entitle to depreciation.

PCIT v. HCL Comnet Systems and Services Ltd. (2021)433 ITR 251 (Delhi) (HC)

S. 14A : Disallowance of expenditure-Exempt income-Only to the extent of expenses incurred in relation to exempt income [R.8D]

PCIT v. EWS Finance & Investments Pvt. Ltd. (2021) 433 ITR 23 (Mad.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance not to exceed exempt income. [R. 8D]

Nandi Steels Ltd v ACIT (2021) 320 CTR 432 / 201 DTR 37 (Karn.)(HC)

S. 14A : Sufficient interest free funds available-investment are presumed to be out of interest free funds-only those investments to be considered which yield exempt income for the purpose of calculation. [R. 8D(2)(ii)]

Morbi Plot Jain Tapgachh Sangh v. CIT (2021) 433 ITR 1 / 202 DTR 385 / 321 CTR 198 (Guj.)(HC)

S. 12A : Registration-Trust-Exemption cannot be denied merely because certificate could not be produced as the same was destroyed during folds of 1978-Matter remanded. [S. 11, 12A, 12AA and 143(3)]

Bharathakshemam v. PCIT (2021) 320 CTR 198 / 199 DTR 113 (Ker.)(HC)

S. 11 : Property held for charitable purposes-Income from business or business held in trust-Main object is for establishing, maintaining and running a hospital for philanthropic purposes and not for the purpose of profit-Entitle exemption. [S. 2(15)]

PCIT v. HCL Comnet Systems And Services Ltd. (2021) 433 ITR 251 (Delhi)(HC)

S. 10A : Free trade zone-Export turnover-Telecommunication expenses and foreign currency expenditure not to be excluded from export turnover.

CIT v. Ambika Cotton Mills Ltd. (2021)433 ITR 193 / 279 Taxman 405 (Mad.)(HC) Editorial : Order in Ambika Cotton Mills Ltd. v Dy. CIT (2013) 27 ITR 44 (Chennai)(Trib.) is affirmed.

S. 4 : Charge of income-tax-Carban credit-Capital or revenue-sale of certified emission reduction credit, which the assessee earned on the clean development mechanism in its wind energy operations, was a capital receipt and not taxable.