Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Arvindkumar K. Patel v. Dy. CIT (2020)78 ITR 625 (Ahd) (Trib)

S.37(1): Business expenditure — Land levelling charges — Held to be allowable expenditure

Arvindkumar K. Patel v. Dy. CIT (2020)78 ITR 625 (Ahd) (Trib)

S. 36(1)(vii) :Bad debt -Mere write off in the books of account is sufficient compliance – Not required to justify the irrecoverability of the amount from the debtors.

Arvindkumar K. Patel v. Dy. CIT (2020)78 ITR 625 (Ahd) (Trib)

S. 36(1)(vii) :Bad debt – Write off in books of account – Real estate business transaction – Entitle to deduction -Land levelling charges- Allowable as deduction .

Dy. CIT v. MBL Infrastructure Ltd. (2020)78 ITR 156 (Kol) (Trib)

S. 35D : Amortisation of preliminary expenses – Capital raised for investment in capital equipment, working capital requirement, general corporate purposes – Expenses for extension of undertaking — Allowable. [ S. 35D(2)(c)(iv)]

Incap Contract Manufacturing Services Pvt. Ltd. v. Dy. CIT (2020)78 ITR 130 ( Bang) (Trib)

S. 32 : Depreciation – Customer relationship rights —Non-compete fees akin to any other business or commercial rights — Depreciation allowable- Cannot take benefit of new claim in reassessment proceedings . [S. 32(1)(ii), 147 ]

Lakshmi Machine Works Ltd. v. Add. CIT (2020)78 ITR 398 (Chennai ) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – No Disallowance of expenses relating to dividend received from foreign companies taxable in India and offered to tax – Strategic investments or investments in subsidiary companies or group or associated companies in India or companies promoted by assessee — Includible in disallowance — Disallowance not to exceed exempt income [ R.8D(2)(iii) ]

Darashaw And Co. Pvt. Ltd. v. Dy. CIT (2020)78 ITR 553 ( Mum) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Sufficient interest free funds – No disallowance could be made [ R.8D ]

Wilsonia West End School Society v. CIT (2020)78 ITR 93 ( Delhi ) (Trib) Wilsonia Degree College Society v. CIT (2020)78 ITR 93 ( Delhi ) (Trib) Wilsonia College Society v. CIT (2020)78 ITR 93 ( Delhi ) (Trib)

S. 12A : Registration –Trust or institution- Education – Entitled to Registration [ S.2(15), 12AA ]

A. Shama Rao Foundation v. ACIT (2020)78 ITR 374 (Bang (Trib)

S. 11 : Property held for charitable purposes – Application of income – Cost of acquisition of assets allowed as application of income —Cannot claim exemption on account of repayment of loan as application of income .

Popular Estate Management Ltd. v. Dy. CIT (2020)78 ITR 261 ( Ahd) (Trib)

S. 4 : Charge of income-tax -Capital or revenue – Real estate development – Compensation for relinquishment of right to sue societies for breach of contract capital receipt not taxable as capital gains or business income [ S. 2(24) 28(i) , 45 ]