Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Gujarat State Financial Corporation (2020) 426 ITR 47 / ( 2021 ) 277 Taxman 99 (Guj)(HC).Editorial : SLP of revenue dismissed , PCIT v. Gujarat State Financial Corporation ( 2021 ) 280 Taxman 234 / 126 Taxmann.com 154 (SC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Waiver of loan — Neither the component of interest embedded therein nor the amount claimed as deduction earlier —Not assessable as business income

A. Y. Garments International Private Ltd. v. Dy. CIT (2020) 426 ITR 495 /273 taxman 162 (Karn)(HC)

S. 40(a)(ia): Amounts not deductible – Deduction at source –
Failure to pay tax deducted at source- Amendment by Finance Act, 2010 allowing deduction of payment where tax deducted in subsequent year, or during previous year but paid after due date for filing return — Amendment retrospective- Disallowance is held to be not valid [ S.139(1) ]

Kerala Kaumudi Pvt. Ltd. v. CIT (2020) 425 ITR 202 (Ker)(HC)

S.37(1): Business expenditure — Expenditure on higher education of managing director of subsidiary company — Person becoming director after completion of higher Education —Not deductible.

CIT v . GMR Industries Ltd. (2020) 425 ITR 504/ 194 DTR 52 (Karn) (HC)

S.37(1):Business expenditure — Capital or revenue – Interest paid for delay in allotment of shares for increasing share capital — Not allowable as revenue expenditure .

CIT v . GMR Industries Ltd. (2020) 425 ITR 504 /194 DTR 52(Karn) (HC)

S.37(1):Business expenditure — Capital or revenue – Interest paid for delay in allotment of shares for increasing share capital — Not allowable as revenue expenditure .

CIT (LTU) v. ABB Ltd . (2020) 425 ITR 677/ 274 Taxman 314 (Karn)( HC)

S. 36(1)(vii) :Bad debt – — Assessee only to establish that debt written off in accounts — Not necessary to establish that debt in fact had become irrecoverable — Law after 1-4-1989-Winding up — Diminution in value of investment made by assessee in company in liquidation —Capital loss – Matter remanded to the Assessing Officer . [ S.46(2) ]

PCIT v. Hybrid Financial Services Ltd. (2020) 426 ITR 358 /(2021) 276 Taxman 73 (Bom)(HC)

S. 36(1)(vii) :Bad debt -Law after 1-4-1989 — Not necessary to establish or prove that debt has become irrecoverable — Recording of debt as bad debt in books of account is sufficient. [ S.28(i)]

B. Nanji and Co. v. Dy. CIT (2020)425 ITR 286 / 194 DTR 390/ 317 CTR 203(Guj)(HC)

S. 36(1)(iii) :Interest on borrowed capital – Real estate business- Amount borrowed to purchase shares to expand business- Controlling interest – Interest allowable as deduction [ S. 37(1) , 57(iii) ]

Afonso Real Estate Developers v .CIT (2020) 425 ITR 153 / 271 Taxman 40(Panaji) (Bom)(HC)

S.28(i): Business income -Capital gains —Object of firm is to purchase and sell land -Profit from purchase and sale of land assessable as business income.[ S.45 ]

PCIT v. Kohinoor Project Pvt. Ltd. (2020)425 ITR 700 / (2021) 276 Taxman 180 (Bom)(HC)

S. 14A : Disallowance of expenditure – Exempt income – No claim by assessee of exempt income — No disallowance can be made [ R.8D (2)(ii) ]