Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Gujrat Fluorochemicals Ltd. (2020) 275 Taxman 366 (Guj) (HC)

S. 45 : Capital gains-Investment in shares-High turnover of shares-Assessable as capital gains and not as business income. [S. 28(i)]

PCIT v. Precot Meridian Ltd. (2020) 275 Taxman 398 (Mad.)(HC)

S. 28(i) : Business loss-Foreign exchange derivative loss cannot be disallowed holding it to be a speculative loss-Remand to the Assessing Officer is held to be valid. [S. 43(5)]

ACE Designers (P) Ltd. v. ACIT (2020) 275 Taxman 138( 2021 )198 DTR 118 (Karn.)(HC)

S. 28(i) : Business loss-Investment in subsidiary-Wound up of subsidiary-Loss is allowable. [S. 37(1)]

PCIT v. Gujrat Fluorochemicals Ltd. (2020) 275 Taxman 366 (Guj.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Interest free funds more than investment-No disallowance can be made. [R. 8D]

Polaris Consulting and Services Ltd. v. PCIT (2020) 275 Taxman 121 (Mad.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Failure to prove that no expenditure was incurred-Disallowance of expenditure is held to be justified. [R. 8D]

Marg Ltd. v. CIT (2020) 275 Taxman 502 (Mad.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Recording of satisfaction is mandatory-Disallowance cannot exceed exempt income. [R. 8D]

Avani Village Welfare Society v. ITO (2020) 275 Taxman 618 (Mad.)(HC)

S. 11 : Property held for charitable purposes-Salary paid to secretary-50% of salary was allowed as reasonable-No substantial question of law. [S.260A]

Polaris Consulting and Services Ltd. v. PCIT (2020) 275 Taxman 121 (Mad.)(HC)

S. 10AA : Special economic zones-Export turnover-Expenditure incurred in foreign exchange is to be excluded from ‘Export Turnover’ for purpose of computing deduction.

CIT v. L & T Valdel Engineering P. Ltd. (2020) 275 Taxman 115 /(2021) 199 DTR 28 (Karn) (HC)

S. 10A : Free trade zone-Split of existing business-Site development of software at client premises-New unit-Entitle to exemption.

CIT v. Lakshmi Devi (2020) 274 Taxman 442 (Mad.)(HC) CIT v. Marry Zohn (Mrs.) (2020) 274 Taxman 444 (Mad.)(HC) PCIT v. Foxteq Services India (P) Ltd. (2020) 274 Taxman 440 (Mad.)(HC)

S. 268A : Appeal-Development agreement-Monetary limit-Less than one crore-Appeal dismissed. [S. 2(47)(v), 48]