Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Natroyal Industries (P.) Ltd. [2024] 159 taxmann.com 448 (Bom.) (HC)

S. 50B : Capital gains-Slump sale-Gain from transfer of an undertaking as a going concern is assessable as capital gain and not as business income. [S. 28(i), 28(iv) 45, 260A]

PCIT v. Rajendra Sitaram Goel [2024] 166 taxmann.com 221 (Bom.) (HC)

S. 45 : Capital gains-Year of assessability-Contingent consideration-Accrual of income–liable to tax only on the consideration actually received during the year, and not on the entire amount mentioned in the sale deed. [S. 2(47); Transfer of Property Act, 1882, S. 53A]

PCIT v. Asphalt India Corporation [2024] 167 taxmann.com 460 (Bom.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Amendment by Finance Act, 2014 restricting disallowance to 30 per cent held to be prospective-Assessee’s default, the entire expenditure was to be disallowed, and the benefit of the reduced 30 per cent disallowance was not available-Order of Tribunal set aside. [S. 260A]

ACIT v. Sociedade de Fomento Industrial (P.) Ltd. [2024] 164 taxmann.com 139 (Bom.)(HC)

S. 37(1) : Business expenditure-Quantum of expenditure irrelevant-Renovation of schools and temples-Expenditure incurred out of business exigency to maintain good relations with local villagers for smooth conduct of business is allowable as revenue expenditure, where no capital asset is acquired by the assessee.[S. 260A]

PCIT v. Tata Steel Ltd. [2024] 161 taxmann.com 607 (Bom.)(HC)

S. 37(1): Business expenditure-Capital or revenue-Compensatory afforestation-Contribution to Compensatory Afforestation Fund (CAF) is revenue expenditure, not capital.c

PCIT v. Natroyal Industries (P.) Ltd. [2024] 159 taxmann.com 448 (Bom.) (HC)

S. 37(1) : Business expenditure –Business loss-Write-off of a trade advance based on commercial expediency is an allowable deduction. [S. 28(i), 28(iv), 260A]

Industrial Development Bank of India v. DCIT [2024] 166 taxmann.com 592 (Bom.)(HC)

S. 36(1)(vii) : Bad debt-Provision for bad and doubtful debts-Scheduled bank-Bad debt written off to be reduced by opening balance of provision, not current year’s provision; deduction for current provision also allowable. [S. 36(2)(v) 36(1)(viia)]

PCIT, v. Bhupendra Champaklal Delal [2024] 160 taxmann.com 560 (Bom.)(HC)

S. 36(1)(iii) :Interest on borrowed capital-Mixed funds-Interest-free advances are deemed to be given out of interest-free funds-Order of Tribunal deleting the disallowance is affirmed.[S. 260A]

CCIT (OSD)/PCIT, Central v. Bhupendra Champaklal Dalal [2024] 160 taxmann.com 645 (Bom) (HC)

S. 36(1)(iii) : Interest on borrowed capital-Interest-free advances-Mixed funds-Where assessee possessed sufficient interest-free funds from sundry creditors, it is presumed that advances are made from such funds; disallowance of interest deleted. [S. 260A]

CIT-LTU v. Tata Motors Ltd [2024] 165 taxmann.com 803 (Bom.)(HC)

S. 32 : Depreciation-Lease transactions-For an assessee in the business of leasing, letting out an owned asset constitutes its use for the purpose of business, entitling it to depreciation.[S. 260A]