Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DCIT v. Edelweiss Commodities Services Ltd. (2021) 186 ITD 189 / 198 DTR 234 / 210 TTJ 914 (Mum.)(Trib.)

S. 28(i) : Business loss-Trading activities in stock and commodities-Provision for loss mark to market loss on trading in derivative-Allowable as business loss. [S. 37(1)]

DCIT v. Edelweiss Commodities Services Ltd. (2021) 186 ITD 189 / 198 DTR 234 / 210 TTJ 914 (Mum.)(Trib.)

S.14A : Disallowance of expenditure-Exempt income-Net interest could be disallowed-Book Profit-Computation under clause (f) of Explanation 1 to section 115JB(2) is to be made without resorting to computation as contemplated under section 14A read with rule 8D. [S. 115JB, R. 8D]

Tata Power Co. Ltd. v. PCIT (2021) 186 ITD 82 (Mum.)(Trib.)

S.14A : Disallowance of expenditure-Exempt income-Interest free funds is more than investments made-No disallowance of interest can be made-Administrative expenses-Disallowance is restricted only to investments giving rise to exempt income. [R. 8D]

DCIT v. Shri Vaishnav Polytechnic College Govn by VSK Market Tech Educational Society. (2021) 186 ITD 378 (Indore)(Trib.)

S. 11 : Property held for charitable purposes-Exemption denied and income assessed as income from other sources-All incidental expenditures laid out by assessee wholly or exclusively for purpose of making or earning such income were also to be allowed under section 57(iii). [S. 10(23C)(iiiab), 12A, 12AA, 57(iii)]

Dy. CIT v. Wayne Burt Petrochemical (P.) Ltd. (2021) 186 ITD 186 (Chennai)(Trib.)

S. 10B : Export oriented undertakings-Matter remanded by the Tribunal to the Assessing Officer examine the claim under section 10A of the Act-CIT (A) allowed the claim under section 10B-CIT (A) was not justified is allowing the deduction u/s. 10A of the Act. [S.10A, 254 (1)]

Seth Ramjidas Modi Vidhya Niketan Society. v. CIT (2021) 186 ITD 119 / 197 DTR 33 / 209 TTJ 118 (Jaipur)(Trib.)

S. 10 (23C): Educational institution-Demerger-Financial help to hospital-No violation of provision-Withdrawal of exemption is not justified. [S. 10(23)(vi)]

DCIT v. Shri Vaishnav Polytechnic College Govn by VSK Market Tech Educational Society. (2021) 186 ITD 378 (Indore)(Trib.)

S. 10 (23C) : Educational institution-Solely for educational purpose and not for earning profits-Substantially financed by Government-Eligible for exemption under section 10(23C)(iiiab) of the Act-Explanation to clause 10(23C)(iiiab) w.e.f. 1-4-2015 setting out minimum threshold of 50 per cent for institution to be financed by Government for claiming benefit of exemption under section 10(23C)(iiiab) is prospective in nature. [S. 10 (23C)(iiiab)]

Krishnan Achary v. ITO (2021) 186 ITD 73 / 210 TTJ 399 (Cochin)(Trib.)

S. 10(10C) : Public sector companies-Voluntary retirement scheme-Bank employee-Exit Option Scheme-Ex gratia amount-Tax deducted at source-Not entitle to exemption. [R. 2BA]

Qliktech International AB v. DCIT (2021) 186 ITD 315 (Delhi)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sale of software to Indian distributors-Not in the nature of copy right-Not taxable as royalty-DTAA-India-Sweden. [Art. 12]

Adadyn Technologies (P.) Ltd. v. DCIT(IT) (2021) 186 ITD 690 (Bang.)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Payment made by assessee for market analysis, maintenance of online data, customer database, etc.-Matter remanded for reconsideration-DTAA-India-USA. [Art. 12]