Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rajyalakshmi Reguraj v. ITO (2021) 85 ITR 20 (SN)(Bang) (Trib)

S.54F : Capital gains- Investment in a residential house -No clarity as regards date of utilisation of amounts and when assessee incurred expenditure for registration of property — Matter remanded to Assessing Officer for examination [ S.45 ]

Maurice Patrick De Rebello v .ITO (2021)85 ITR 17 (SN)(Bang) (Trib)

S. 54 : Capital gains – Profit on sale of property used for residence – All flats received from builder under joint development agreement situated in same premises —Entitled to exemption on entire built-up area received [ S. 2(47)(v), 45, 54F ]

Sudhir S. Mehta v. Dy. CIT (2021) 85 ITR 8 (SN)(Mum) (Trib)

S.48 : Capital Gains — Computation – Cost of acquisition — Shares — Interest on investment disallowed will be part of cost of acquisition of shares for determining profit on sale of shares [ S.45, 57 ]

United Telelinks (Bangalore) Ltd. v. Dy. CIT (2021) 85 ITR 36 (SN)(Bang) (Trib)

S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable – Rent paid to daughter of managing Director- Matter remanded to the Assessing Officer [ S.40A(2)(b) ]

Orange Associates Pvt. Ltd. v. ACIT (2021)85 ITR 33 (SN)(Delhi) (Trib)

S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable -775 Per Cent. increase in remuneration to Directors —Assessing Officer not pointing out comparables to demonstrate that salary paid to directors was excessive — No evasion of tax – CBDT circular No. 6-P dated July 6, 1968 is binding – No disallowance can be made [ S.40A(2)(b) ]

Shri Anant Steel Pvt. Ltd. v. ITO (2021)85 ITR 60 (SN)(Delhi) (Trib)

S.37(1):Business expenditure —Proportionate drop in vehicle maintenance account in profit and loss statement — Addition not tenable.

Tirupati Procon Pvt. Ltd. v. ITO (2021) 85 ITR 76 (SN)(Delhi) (Trib)

S. 36(1)(iii) :Interest on borrowed capital -Borrowed funds used for investment in shares for business purposes —Allowable as deduction [ S.37 (1) ]

Natural Remedies Pvt. Ltd. v. ACIT (2021)85 ITR 28 ( (SN) / 212 TTJ 261/ 203 DTR 91 (Bang) (Trib)

S. 35 : Scientific research – Approval by department of Scientific and Industrial Research — No provision at relevant time requiring approval of expenses by department of scientific and industrial research – Amendment is not retrospective as it introduces additional condition and affects substantive rights of assessee – Delay of filing of appeal due to Covid- 19 Pandemic , was condoned . [ S. 35(2AB, 37 (1) )

Shri Anant Steel Pvt. Ltd. v. ITO (2021)85 ITR 60 (SN)(Delhi) (Trib)

S. 28(i) : Business loss – Goods lost due to burning — Estimate made per consumption and production of goods accurate — Addition made on estimate basis rejected . [ S.143 (3) ]

United Telelinks (Bangalore) Ltd. v. Dy. CIT (2021) 85 ITR 36 (SN)(Bang) (Trib)/ACIT v. MVL Credits Holdings and leasing Ltd ( 2021 ) 92 ITR 373 ( Delhi ) ( Trib )

S .14A : Disallowance of expenditure – Exempt income – Not recording of satisfaction – Disallowance was restricted to sum claimed by assessee .[ R.8D ]