Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Agrawal Coal Corporation Pvt. Ltd. v. ACIT (2020) 82 ITR 8 (Trib) (SN) (Indore) (Trib )

S. 37(1) : Business expenditure – Education Cess — Not a tax- Allowable as business expenditure .

Jindal Reality Pvt. Ltd. v. Dy. CIT (2020)82 ITR 19 (SN) (Delhi) (Trib)

S. 37(1) : Business expenditure – Set up of business – Interest , administrative and other expenses is held to be allowable as deduction – Interest income is to be assessed as business income and interest expenditure to be set off against it. [ S.28(i) , 56 , 57 ]

Dy. CIT v. Thermo King India Pvt. Ltd. (2020)82 ITR 42 (SN)(Bang) (Trib)

S. 36(1)(iii) :Interest on borrowed capital -Inventories held as current assets —Method of accounting – Accounting Standard 2 — Interest expenses allowable as deduction .[ S.145A ]

Balji Electrical Insulators P. Ltd. v Dy. CIT (2020)82 ITR 39 (SN) (Ahd) (Trib)

S. 36(1)(iii) :Interest on borrowed capital – Reasonableness of expenditure has to be decided by assessee and not department – Sufficient interest-free funds- No disallowance can be made .

WM India Technical and Consulting Services Pvt. Ltd. v. Dy. CIT (2020)82 ITR 37 (SN)(Delhi) (Trib)

S. 14A : Disallowance of expenditure – Exempt income -Not recording the satisfaction- No disallowance can be made [ R.8D ]

Sundaram Business Services Ltd. v . ITO (2020) 82 ITR 12 (SN)(Chennai) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Own interest-free funds deployed in business much higher than average investment held by assessee during Year — Disallowance not sustainable [ R. 8D (2) (ii) ]

Shree Govindanand Shreeram Mandir v. CIT(E ) (2020) 82 ITR 3 (SN)(Pune) (Trib)

S. 12AA : Procedure for registration –Trust or institution- No specific findings on genuineness of activities carried on by Trust- Matter remanded to Commissioner for re adjudication [ S. 2(15), 11 ]

Gnyan Dham Vapi Charitable Trust v. Dy. CIT (2020)82 ITR 14 (SN)(Ahd) (Trib)

S. 11 : Property held for charitable purposes – Application of income – Accumulation of income -Retain or accumulate 15 Per Cent. of income without any time limit and is benevolent in nature however it cannot be regarded as an obligation envisaged in Law. [ S. 11(1)(a) , 11(1)(b ) ]

TTEC India Customer Solutions P. Ltd. v ITO (2020)82 ITR 26 (SN)(Ahd) (Trib)

S. 10A : Free trade zone – Profits of the business- Export revenue subsidy — Miscellaneous income —Entitled for exemption [ S.10A(4) , 10B ]

Bejan Singh Eye Hospital Pvt. Ltd v .IT Department (2020) 428 ITR 206 (Mad) (HC)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax -Delay in payment of tax which was paid subsequently – Criminal proceedings quashed. [ S.276(2) [