Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Zydus Lifesciences Ltd. v. Dy. CIT (2024)113 ITR 725 (Ahd)(Trib)

S. 37(1): Business expenditure-Capital or revenue-Expenses on product registration and support services, trademark registration-Fees and patent registration fees-Revenue expenditure-Disallowance of expenditure-Exempt income-Book profit-Expenditure on scientific research-Addition is deleted. [S.14A, 28, 35 (2AB), 115JB

Bundy India Ltd. v. Dy. CIT (2024)113 ITR 505 (Ahd)(Trib)

S. 37(1) : Business expenditure-Capital or revenue-Depreciation-Manufacturing concern-Expenditure on Jigs and Fixtures-Written off over two years-Capital in nature-Entitled to depreciation. [S. 32]

IPCA Laboratories Ltd. v. Dy. CIT (2024)113 ITR 53 /230 TTJ 409 (Mum)(Trib)

S. 37(1) : Business expenditure-Purchase of raw materials-Over-invoicing-Statements of employees not corroborated by facts-Addition is deleted-Bogus purchases-Entire purchase value cannot be added-Profit rate of eight per cent is fair and reasonable-Professional fees-Addition is not valid-Selling and marketing expenses comprising gifts, travelling expenses, hotel expenses and conference registration charges-Board Circular and Medical Council Regulations effective only from 14-12-2009-Sales Promotion expenses incurred prior to that date, not to be disallowed as prohibited by law whether or not including freebies given to doctors-Patient detection and education camp and camp expenses comprising medicine and testing kits, certain instruments purchased as required in medical camps-Incurred for benefit of patients and not doctors-Not to be disallowed–Sponsorship expenses made to trade bodies or associations not been prohibited by Medical Council Regulations-Disallowance is unwarranted-Sponsorship expenses to create brand awareness-Expenses on participation in symposiums and Exhibitions-No bar under Medical Council Regulations on registering at different symposiums, hiring and erecting stalls-Allowable as deduction-Expenses paid to institutions and trade bodies not resulting in benefit to medical Practitioner-Allowable as deduction-Hotel and travelling expenses benefitted doctors and amounting to availing of hospitality from a pharmaceutical company-Hotel expenses and travelling expenses is disallowable–Expenditure incurred for organising conference not freebies-Brand recall purchases-Expenses of nominal value less than Rs. 1,000 on articles with assessee’s name and logo given to customers, retailers, stockists and distributors-Excluded from mischief of medical council regulations-Allowable as deduction-Expenses on journals and periodicals incurred for researching and printing literature or purchasing journals regarding products and its related uses and effects-Allowable as deduction-Reimbursements of local taxi and conveyance expenses incurred by sales employees and staff on their outstation visits-No disallowance can be made-Expenses related to printing of files, folders, pads and pens to be used by field staff and doctors who were attending camps-Allowable as deduction-Expenses on articles and gifts purchased by field staff to be distributed to wholesalers, stockists and business partners-Allowable as deduction Expenses on air tickets of doctors attending conferences-Not allowable a deduction–Ad hoc disallowance-Estimated disallowance of 10 Per Cent. without rejecting books of account or pointing out any defect or omission-Disallowance is not justified-Employees’ Stock Option Plan Expenses-Allowable as revenue expenditure-[S. 37(1) Expln. 1, 69C, Central Board Of Direct Taxes Circular No. 5 Of 2012, Dated 1-8-2012, Medical Council Of India Regulations, 2009]

Moonlight Properties P. Ltd. v. ACIT (2024)113 ITR 705 (Chd)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Advance paid to director-Matter remanded to ascertain availability of sufficient interest-free funds.

Khanna Infrabuild P. Ltd. v. Dy. CIT (2024)113 ITR 595/231 TTJ 530 (Chd)(Trib)

S. 35AD : Deduction in respect of expenditure on specified business-Star rating-Granted four star rating by Ministry of Tourism after close of assessment proceedings-Certificate furnished during the appellate proceedings before Commissioner (Appeals)-Qualified as a specified business and eligible for deduction.

ITO v. M. M. Poonjiaji Spices Ltd. (2024)113 ITR 294 /230 TTJ 312 (Mum)(Trib)

S. 28(1) : Business loss-Speculation loss-High seas sales not speculation loss-Allowable as business loss. [S43(5)]

Plaza Agencies P. Ltd. v. Dy. CIT (2024)113 ITR 71 (SN)(Bang)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Disallowance cannot exceed exempt income.[R.8D(2)(ii)]

Dy. CIT v. Radha Madhav Investments P. Ltd. (2024)113 ITR 76 (SN)(Mum)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Profits earned from firm-Recording dissatisfaction-CIT(A) is not justified in disallowing the disallowance-Company-Book profits-Disallowance is not required to be made. [S. 10(2A),10(34), 115JB(2), R.8D]

National Real Estate Development Council, Gujarat v. CIT (E) (2024) 113 ITR 63 (SN)(Ahd)(Trib)

S. 12AB: Procedure for fresh registration-Provisions Of Section 13 can be invoked only at time of assessment while considering eligibility for exemption and not at time of grant of registration-Order of CIT(E) is set aside and matter remanded for de novo consideration.[S. 11, 12, 12A, 13(3)]

Karamshi Jethabhai Somaiya (Delhi) Trust v. CIT (E) (2024)113 ITR 79 (SN)(Delhi)(Trib)

S. 12A : Registration-Trust or institution-Donations to charitable institutions-Purchase of land and financial assistance to improve healthcare education and services and to uplift standard of living of Tribals-Order of rejection is set aside-Matter remanded to the CIT(E) to decide a fresh in accordance with law. [S. 12A(1)(ac)(ii), 80G(5)]