Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. VVF Ltd. (2020) 273 Taxman 503 (Bom.)(HC)

S. 37(1) : Business expenditure-Wholly and exclusively-Remuneration paid to promoter-Director-Consultation-Allowable as deduction though not attended the office for six years.

Pandian Hotels Ltd. v. Dy.CIT (2020) 273 Taxman 256 (Mad.)(HC)

S. 37(1) : Business expenditure-Capital or revenue-Hotel business-Renovation and repair of hotel rooms is allowable as revenue expenditure.

Hajee A.P. Bava and Company Const. (P.) Ltd. v. ACIT (2020) 272 taxman 230 (Karn.)(HC)

S. 36(1)(vii) : Bad debt-Income offered as income-Reduced from asset side of balance sheet-Order was set aside. [S. 36(2)]

Microlabs Ltd. v. ACIT (2020) 273 Taxman 434 (Karn.)(HC)

S. 35 : Scientific research-No product was manufactured in a particular unit-Allocation of expenses is held to be not justified-Research and development-Capital expenditure towards research and development R & said expenditure was to be excluded from toil capital expenditure while allowing expenditure on R & D units.

Dy. CIT v. Tata Power Delhi Distribution Ltd. (2020) 273 Taxman 56 (Delhi) (HC)

S. 28(i) : Business income-Electricity company-Electricity distribution-Efficiency gain amount which was not refunded to customers, said surplus fund being at disposal of State Electricity Regulatory Commission, could not be included in business profit. [S. 4]

PCIT v. Oriental Insurance Co. Ltd. (2020) 273 Taxman 527 (Delhi)(HC)

S. 4A : Disallowance of expenditure-Exempt income-Insurance Company-Provision not applicable-Ground not raised before the Tribunal cannot be argued before the High Court. [S. 44, 260 A]

FL Smidth (P.) Ltd. v. Dy. CIT (2020) 273 Taxman 441 (Mad.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Enhancement by the Assessing Officer-Considering the facts disallowance is held to be justified. [R. 8D]

Renault Nissan Technology & Business Centre India (P) Ltd. v. CIT (2020) 273 Taxman 414 (Mad.)(HC)

S. 10AA : Special economic zones-Export turnover-Expenses incurred in foreign currency not meant for rendering any services outside India, could not be excluded from export turnover.

Dorf Ketal Chemical India (P.) Ltd. v. DCIT (2021) 186 ITD 681 (Mum.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Hearing concluded on 23-7-2019 and order was passed on 18-10-2019-Monetary limit prescribed Circular Nos. 3 of 2018 dated 11-7-2018 ie. 20 lkhs would apply and not circular No 17 of 2019 dated 18-8-2019 wherein the monitory limit of Rs. 50 lakhs was fixed. [S. 268A]

Kashmir Road Lines v. DCIT (2021) 186 ITD 454 (Amritsar) (Trib.)

S. 254(1) : Appellate Tribunal-Powers-Delay of 124 days was condoned-Mistake of counsel-Supported by affidavit-Delay was condoned-Ex parte order passed by the Commissioner (Appeals) was set aside and directed him to decide on merits. [S. 251]