Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Saroja Naidu (2021) 281 Taxman 305 (Mad.) (HC )

S. 49 : Capital gains – Previous owner – Cost of acquisition – Indexation – Inheritance – Indexed cost of acquisition has to be computed with reference to year in which previous owner first held asset and not year in which assessee became owner of asset- Property outside India – Entitled to exemption under section 54 where investment in purchase of flat outside India was prior to 1-4-2015 entitled to exemption under section 54 where investment in purchase of flat outside India was prior to 1-4-2015 [ S. 2(42A, )45, 48(iii) ,49(1)(iii)(a), 54, 54F ]

PCIT v. Mphasis Ltd. (2021) 281 Taxman 206 (Karn.) (HC)

S. 43(5) : Speculative transaction – Foreign exchange fluctuation – Forward contract- Not speculative in nature – Allowable as revenue expenditure [ S.37 (1) ]

Karnataka State Co-op. Apex Bank Ltd v. Dy. CIT (2021) 281 Taxman 2 / 207 DTR 351/ 323 CTR 730 (Karn.)

S.37(1): Business expenditure – Monetary incentive to its members – Allowable as deduction

CIT v. Karnataka Power Corporation Ltd (No. 2) (2021) 436 ITR 292/ 281 Taxman 600 (Karn.) (HC).Editorial: SLP granted to the Revenue , CIT v. Karnataka Power Corporation Ltd ( 2022) 286 Taxman 561 ( SC)

S.37(1): Business expenditure – Prior period expenditure – Held to be allowable

PCIT v. Mphasis Ltd. (2021) 281 Taxman 206 (Karn.) (HC)

S. 32 : Depreciation -Computer system- Switches and routers- Part of peripherals of computer system- Entitled to depreciation at rate of 60 per cent

CIT v. Hinduja Foundries Ltd. (2021) 281 Taxman 448 (Mad.)(HC)

S. 32 : Depreciation -Additional depreciation – Machinery was put to use for less than 180 days – Balance depreciation of 50% is allowable in subsequent year . [ S. 32(1)(iia) ]

Rao Computer Consultants (P) Ltd. v. Dy. CIT (2021) 281 Taxman 236 (Karn.) ( HC) Rao Computer Consultants (P) Ltd. v. Dy. CIT (2021) 281 Taxman 319 (Karn.) ( HC)

S. 28(i) : Business income – Income from house property – letting out building along with other amenities in industrial park- Assessable as income from business [ S. 22 ]

PCIT v. Nam Estates (P) Ltd. (2021) 281 Taxman 7 (Karn) (HC)

S.14A : Disallowance of expenditure – Exempt income – No disallowance can be made when the assessee had not earned any exempt income [ R.8D ]

St. Xavier Educational Trust v. CIT (E) (2021) 281 Taxman 193 (Mad.) (HC)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions – Survey – Only to extent of income which was violative of section 13(1)(d) and not total denial of exemption. [ S. 11, 12A, 13(1)(d), 133A, Art , 226 ]

PCIT v. Karnataka Jesuit Educational Society (2021) 281 Taxman 478 (Karn.) (HC)

S. 11 : Property held for charitable purposes – Application of income – Expenses of earlier years can be adjusted against income earned in subsequent year . [ S. 11(4) ]