Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Brocade Communications Systems (P.) Ltd. v. DCIT (2020) 185 ITD 634 (Bang.)(Trib.)

S. 28(iv) : Business income-Value of any benefit or perquisites-Converted in to money or not-Receipt of capital asset from holding company-Enhanced profit would be eligible deduction u/s. 10A-Issue left open. [S. 10A, 69]

Alka Jain (Smt.) v. ACIT (2020) 80 ITR 464 / 185 ITD 224 / 207 TTJ 1013 (Delhi)(Trib.)

S. 28(i) : Business loss-Sale of shares-Disallowance of loss was deleted.

Kundan Rice Mills Ltd. v. ACIT (2020) 83 ITR 466 / 185 ITD 765 (Delhi)(Trib.)

S. 28(i) : Business loss-Derivative contracts-Futures and options-Interim report of SEBI-Loss in trading from stock option-Loss allowable as business loss.

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

S. 28(i) : Business income-Redemption of debentures-Amount earned on redemption of debentures by company in which investment was made, would be taxable as business income-Proportionate revenue-Net amount received is held to be taxable. [S. 145]

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

S. 23 : Income from house property-Annual value-Stock in trade-Fair market value-Used for the purpose of business-Addition cannot be made on the basis of notional annual value.[S. 22]

Branch Manager, LIC of India. v. ITO (TDS) (2020) 185 ITD 77/196 DTR 261/(2021)209 TTJ 1040 (Cuttack)(Trib.)

S. 17(2) : Perquisite-Salary-Medical allowance-Fixed medical allowance was given-No proof of medical expenditure was furnished-Taxable as salary income. [S. 15]

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

S. 14A : Disallowance of expenditure-Exempt income-Investments in Indian companies which did not yielded exempt dividend income-Excluded while computing disallowance. [R. 8D(2)(iii)]

Tata Industries Ltd. v. DCIT (2020) 185 ITD 215 (Mum.) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Recording of satisfaction-suo motu disallowance-Satisfaction cannot be on the basis of mechanism of Rule 8D itself. [S. 14A(2), R. 8D]

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

S. 14A : Disallowance of expenditure-Exempt income-No exempt income-No disallowance can be made.[R. 8D]

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

S. 14A : Disallowance of expenditure-Exempt income-Own funds exceed amount of investment-Interest expense incurred cannot be disallowed. [R. 8D]