Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Industrial Development Corporation of Orissa Ltd. (2024) 298 Taxman 743 (SC) Editorial: PCIT v. Industrial Development Corporation of Orissa Ltd (2023) 147 taxmann.com 298 (Orissa)(HC)

S. 37(1) : Business expenditure-Cpmpensation-340 days delay-SLP is dismissed.[Art. 136]

Sharad Sahakari Sakhar Karkhana Ltd. v. CIT (2024) 298 Taxman 191/339 CTR 345 (SC) Editorial : CIT v. Tasgaon Taluka S.S.K Ltd (2019) 262 Taxman 176 // 412 ITR 420 / 307 CTR 473/ 175 DTR 345 (SC)

S. 37(1) : Business expenditure-Diversion by overriding title-Sharing of profit-The AO has to take into account the manner in which the business works, the modalities and manner in which SAP/additional purchase price/final price are decided and determine what amount forms part of the profit-Whatever is the profit component is sharing of profit/distribution of profit and the rest is deductible as expenditure-question of law is answered partly in favour of the revenue and partly in favour of the assessee-Matter is remitted to the AO to undertake the exercise as stated in the judgement after giving an opportunity to the respective assesses-Review petition is dismissed [S.40A(2),Sugarcane (Control) Order 1966 clauses, 3, 5A]

Zuari Management Services Ltd. v. CIT (2024) 298 Taxman 551 (SC) Editorial : Zuari Management Services Ltd. v. CIT (2017) 88 taxmann.com 625 (Bom)(HC)

S. 37(1) : Business expenditure-Interest-Real estate business-Not commenced the business-Investing in shares of subsidiary-Not allowable as deduction-SLP of assessee is dismissed.[Art.136]

Rohan Korgaonkar v. Dy. CIT (2024) 298 Taxman 159 (Bom.)(HC)

S. 36(1)(va) : Any sum received from employees-Late deposit of employee’s contribution to PF and ESI-Disallowance is justified-Assessment order under section 143(1)(a) would make no difference.[S.143(1)(a), 260A]

PCIT v. Uniparts India Ltd. (2024) 298 Taxman 212 (Delhi)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Loan to subsidiary-Subsidiary was incurring losses-Loan from banks at rate 14 to 16 percent-Advance to subsidiary at rate of 6 percent-No disallowance was made in earlier years-Rule of consistency-Order of Tribunal is affirmed-No substantial question of law.[S.260A]

CIT v. Hewlett Packard India Sales (P.) Ltd. (2024) 298 Taxman 448 / 463 ITR 334 (SC) Editorial : CIT v. Hewlett Packard India Sales (P.) Ltd(2021) 279 Taxman 355(2024) 463 ITR 329 (Karn)(HC)

S. 32 : Depreciation-Amalgamtion-Intangible assets-Goodwill is valuable asset-Entitle to depreciation-SLP of Revenue is dismissed.[S. 32(1), Art. 136]

Mahesh K. Mehta v. Dy. CIT (2024) 298 Taxman 238 (Bom.)(HC)/Editorial : SLP is dismissed , Mahesh K. Mehta v. Dy. CIT (2024) 300 Taxman 600 (SC)

S. 14A : Disallowance of expenditure-Exempt income-Borrowed capitals-Investing in shares to earn income from dividend-Expenditure incurred on interest paid on borrowed funds is not allowable as deduction. [S.10(33), 36(1)(iii), 260A]

PCIT v. Tata Capital Ltd. (2024) 298 Taxman 714 (Bom.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Not recording of satisfaction-Order of Tribunal deleting the addition is affirmed.[S. 10(34), 45, 260A, R.8D]

State Bank of India v. Association for Democratic Reforms (2024) 298 Taxman 352 (SC) Editorial : Association of Democratic Reforms v.UOI (2024) 159 taxmann.com 383 (SC)/[2024] 183 SCL 147 (SC)/[2024] 243 COMP CASE 115 (SC)

S. 13A : Political parties-Electoral Bond Scheme-Declared unconstitutional-Direction to submit details of Electoral Bonds purchased-Time to extend the publication of details of purchsers of Bonds-The miscellaneous Application filed by SBI seeking an extension of time for disclosure of details of purchase and redemption of Electoral Bonds until 30-6-2024 was dismissed and SBI was directed to disclose details by close of business hours on 12-3-2024. [Art. 19(1)(g)]

Indian National Congress (I) / All India Congress Committee v. CIT (2024) 298 Taxman 749 / 337 CTR 998 (SC) Editorial: Indian National Congress v. Dy.CIT(2024) 160 taxmann.com 359 (Delhi)(HC)

S. 13A : Political parties-Denial of exemption-Stay-Pendency of matter before Supreme court-Concession made by Revenue, no coercive action of any nature shall be taken against assessee till next date of hearing on 24-7-2024 [S. 11, Art. 136]