Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Star India (P.) Ltd. v. ACIT (2020) 185 ITD 559/81 ITR 8 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Expenditure incurred towards software was to be treated as capital in nature, however depreciation was directed to be allowed-Reimbursement of property tax-Matter remanded. [S. 32]

DCIT v. IFCI Ltd. (2020) 185 ITD 742 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Expenses incurred by assessee for issue of bonds was to be allowed as revenue expenditure-Expenses from benevolent fond-Held to be allowable.

DCIT v. Cornerstone Property Investment (P.) Ltd. (2020) 185 ITD 202 (Bang.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Used for acquisition of land which is part of inventory-Allowable as deduction.

K. B. Mehta Construction (P.) Ltd. v. DCIT (2020) 185 ITD 81 (Ahd.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Purchase of machinery-Interest is allowable as deduction even if said machinery was not put to use in year under consideration.

Shivsagar Builders (P.) Ltd. v. ACIT (2020) 185 ITD 684 (Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Redemption of debentures-Loss on redemption allowable as business loss. [S. 28(i)]

Devi Construction Company v. DCIT (2020) 185 ITD 858/193 DTR 225/207 TTJ 130 (Pune)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Firm and partners-Interest is paid on capital contributed by the partners-It no more remained interest free funds-Disallowance of interest is held to be justified [S. 2(28A), 40(b)]

DCIT v. IFCI Ltd. (2020) 185 ITD 742 (Delhi)(Trib.)

S. 35D : Amortisation of preliminary expenses-Not an industrial undertaking-Issue expenses was not deductible.

Pentamedia Graphics Ltd. v. DCIT (2020) 80 ITR 555 / 185 ITD 45 / 190 DTR 391 / 205 TTJ 892 (Chennai)(Trib.)

S. 32 : Depreciation-Intangible assets-Digital content, Animation software-Multimedia and entertainment industry-Eligible depreciation at rate of 25 per cent and not 60%.

Star India (P.) Ltd. v. ACIT (2020) 185 ITD 559/81 ITR 8 (SN) (Mum.)(Trib.)

S. 32 : Depreciation-Intangible Asset-Brand licence fee-Depreciation is held to be allowable.

DCIT v. IFCI Ltd. (2020) 185 ITD 742 (Delhi)(Trib.)

S. 32 : Depreciation-Leased assets-Entitle for depreciation.