Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Express Infrastructures (P.) Ltd. v. Dy. CIT (2021) 276 Taxman 22 (Mad.)(HC)

S. 56 : Income from other sources-Interest-Short term deposits-Pre -operative period before commencement of business-Assessable as income from other sources.

CIT v. Vinay Mishra (2021) 276 Taxman 68 (Karn.)(HC)

S. 54F : Capital gains-Investment in a residential house-investment in a residential house in USA prior to 1-4-2015-Entitled to claim exemption. [S. 45]

V. Dwarakanathan v. ACIT (2021) 276 Taxman 78 (SC) Editorial : Affirmed, Judgement in V. Dwarakanathan v. ACIT (Mad)(HC) (TCA No. 308/2019 dt. 19-6-2019)

S. 49 : Capital gains-Previous owner-Cost of acquisition-capital asset not having become property of assessee-Gift not proved by registered document-SLP of assessee is dismissed. [S. 45]

Srinivasan Chandira Kumar v. Addl. CIT (2021) 276 Taxman 207 (Karn.)(HC)

S. 48 : Capital gains-Computation-Transfer of consideration to EMR Mauritius for benefit of certain employees and ex-employees of seller company-Not allowable as deduction. [S. 45]

Elgi Equipments Ltd. v. JCIT (2021) 276 Taxman 141 (Mad.)(HC)

S. 37(1) : Business expenditure-Foreign travel expenses-promotion of business-legal and professional fees-Expenditure for replacement of part of machine-Held to be allowable as business expenditure.

Tata Coffee Ltd. v. Dy. CIT (2021) 276 Taxman 215 / 198 DTR 380 (Karn.)(HC)

S. 37(1) : Business expenditure-Miscellaneous expenses-Adhoc disallowance-Not substantiated by producing evidence-Ad hoc disallowance is held to be justified.

CIT LTU v. Canara Bank (2021) 431 ITR 303 / 276 Taxman 392 (Karn.) HC)

S. 32 : Depreciation-Assets leased to three companies-Search- Assets were not found-Transaction genuine or not is a question of fact-Order of Tribunal allowing the depreciation is affirmed. [S. 132]

PCIT v. Suzlon Energy Ltd. (2021) 276 Taxman 85 (SC) Editorial: Followed, PCIT v. Suzlon Energy Ltd. (SLP No. 1422 of 2019 dt 17-1-2020 (SC)

S. 28(i) : Business Loss-Foreign exchange fluctuation loss-Mark to Market basis -SLP of revenue is dismissed. [S. 37(1)]

CIT v. Kingfisher Finvest India Ltd. (2021) 434 ITR 150/276 Taxman 128 / 202 DTR 361/ 321 CTR 448(Karn.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance is held to be justified even though the assessee has not earned any exempt income. [R. 8D]

Rajamahendri Educational Society v. UOI (2021) 431 ITR 217 / 276 Taxman 18 / 204 DTR 90/ 321 CTR 616(AP)(HC)

S. 10(23C) : Educational institution-Educational college for intermediate, degree and post-graduation courses for women-Erroneous reading of assessment year by prescribed authority in form 56D – Rejection application was set aside . [S. 10(23C)(vi), Art. 226]