Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Instrument Technologies v. ACIT (2021) 209 TTJ 675 (Vishakha) (Trib.)

S. 32 : Depreciation-Biometric system’ is a ‘Computer’ and depreciation is to be allowed @ 60%.

Sinnar Thermal Power Ltd. v. Dy CIT (2021) 89 ITR 263 (Mum.)(Trib.)

S. 28(i) : Business loss-Advance to subsidiary-Amount written off-Allowable as business loss-Conversion of capital asset in to stock in trade-Loss on sale of stock in trade-Allowable as business loss.

Simto Property Developers Ltd. v. ACIT (2021) 89 ITR 7 (SMC) (SN) (Mum.)(Trib.)

S. 28(i) : Business income-Business expenditure-Software development-Expenses, depreciation and set off of brought forward loss and unabsorbed depreciation-Matter remanded to Commissioner (Appeals). [S. 68]

Dy. CIT v. Cache Properties Pvt. Ltd. (2021) 89 ITR 38 (SN) (Hyd.)(Trib.)

S. 22 : Income from house property-Income from business-Rental income from leasing of flats-Assessable as income from house property. [S. 28(i)]

ACIT v. Century Real Estate Holdings Pvt. Ltd. (2021) 89 ITR 36 (SN) (Bang.)(Trib.) Dy. CIT v. India Infoline Finance Ltd. (2021)89 ITR 9 (SN) (Mum.) (Trib.)/Viney Corporation Ltd. v. ACIT (2021)92 ITR 59 (SN) (Delhi) ( Trib)/Hindustan Associated Engineers Pvt. Ltd. v. ITO (2021)92 ITR 33 (SN) (Delhi) ( Trib)

S.14A : Disallowance of expenditure-Exempt income-Own funds are more than value of investment in firm, mutual funds and shares-No disallowance can be made-Charging net amount to profit and loss account-Lump sum disallowance of 15 lakhs was held to be proper. [R. 8D(2)(ii), 8D(2)(iii)]

Delhi Police Welfare and Recreational Club Fund v. CIT(E) (2021) 89 ITR 39 (SN) (Delhi)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Fund to promote welfare and recreational activities of personnel of Delhi Police-Entitle to registration. [S. 2(15)]

Sri Srinivasa Educational & Charitable Trust v. ACIT (2021) 211 TTJ 663 / 182 ITD 554 / 204 DTR 265 (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Amount spent on construction of buildings for its medical college would be treated as application of income for objects of trust and, hence, would qualify for exemption under section 11-factum of incurring such expenses by way of cash alone could not be a ground to hold that those expenses were related to non-specified purpose-Denial of exemption was held to be not justified-No violation. Section. 13 of the Act. [S. 2(15), 12A, 13, 69C, 132(4)]

Agra Development Authority v. Dy. CIT (2021) 89 ITR 490 (Agra)(Trib.)

S. 11 : Property held for charitable purposes-Authority constituted under Urban Planning and Development Act-Local authority-Acquisition and Development of Land-Discharging statutory and sovereign function-Activities having direct nexus with obligations-Charitable activities-Entitled to exemption. [S. 2(15), 10(20A), 12A]

Handy Waterbase India Pvt. Ltd. v. Dy. CIT (2021) 211 TTJ 950 / 202 DTR 1(Chennai)(Trib.)

S. 10B : Export oriented undertakings-Production and Export of pasteurized crab meat-procurement of non-living dead crab and then process into chemical mixed pasteurized crab meat in a series of manufacturing process-Fall under the new definition of manufacture-Deduction allowable. [S. 2(29BA)]

Robert Bosch Engineering and Business Solutions Pvt. Ltd. v. Dy. CIT (2021)89 ITR 33 (SN) (Bang.)(Trib.)

S. 10A : Free trade zone-Export turnover-Foreign currency-Export proceeds within six months-General permission to realise export proceeds within 12 months of export-Matter remanded.