Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Brokerage paid to broker who was not registered with stock exchange-Service rendered not proved-Payment was made against violation of SEBI rules-Not allowable as deduction.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Purchase of mobile phone-Allowable as revenue expenditure. [S. 32]

Go Airlines (India) Ltd. v. DCIT (2021) 188 ITD 938 / 213 TTJ 549 / 205 DTR 121 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Prior period expenditure-CENVAT credit on passenger service fee (PSF)/user development fee (UDF) and advertisement fee was not actually received offered as income-Entitle to deduction in subsequent year by reversal of entries-Service tax on chartered flight service tax on chartered flight-Interest payment for delayed payment of service tax-Allowable as deduction-Legal expenses-Aborted project-Allowable as deduction. [S. 43B]

Cuttack Central Co-operative Bank Ltd. v. PCIT (2021) 188 ITD 109 (Cuttack)(Trib.)

S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts-Schedule bank-One time settlement (OTS) scheme-Provision for bad and doubtful debt was higher than amount of such bad debt claimed by it-First set off against such credit balance in balance.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Advance to sister concern-Interest free funds more than the advance to sister concern-No disallowances can be made.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 32 : Depreciation-Stock exchange card-demutualized/corporatized into shares in earlier year-Depreciation is held to be allowable.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 32 : Depreciation-Vehicles-Registration was in the name of individual directors-Depreciation cannot be denied.

DCIT v. Agile Electric Sub Assembly (P.) Ltd. (2021) 188 ITD 780 / ( 2022) 96 ITR 402 (Chennai)(Trib.)

S. 32 : Depreciation-Plant and machinery-Installed and ready to use-Depreciation is allowable.

Suresh Sreeram v. ITO (2021) 188 ITD 599 (Bang.)(Trib.)

S. 28(i) : Business income-Firm-Partner-Set off of loss-Interest, salary, bonus, commission or remuneration received or receivable from firm by partners-Assessable as business or profession-Expenditure incurred to earn such income allowable as deduction. [S. 37(1), 70]

Suresh Chunnilal Sharma v. ITO (2021) 188 ITD 487 / 213 TTJ 409 / 86 ITR 22 (SN) (Pune)(Trib.)/Alliance Infrastructure Projects Pvt. Ltd. v. ACIT (2021)90 ITR 12 (SN)(Bang) (Trib) Alliance Infrastructure Projects Pvt. Ltd. v. ACIT (2021)90 ITR 12 (SN)(Bang) (Trib)

S. 14A : Disallowance of expenditure-Exempt income-Investment from interest free funds-No disallowance of interest could be made. [R. 8D]