Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Burda Druck India Pvt. Ltd [2023] 157 taxmann.com 563 / (2025) 483 ITR 469 (Delhi)(HC)

S. 79 : Carry forward and set off losses-Change in share holdings-Companies which public are not substantially interested-Observations of Assessing Officer considering assessment for earlier year of no effect and not sustainable.[S. 260A]

Gyanchand S. Jain (proprietor of Sanjana Exports) v. ITO (2025) 483 ITR 377 (Guj)(HC)

S. 69C: Unexplained expenditure–reassessment–trader in diamonds-Information from Investigation wing-Bogus purchases-Commission agent –Bhanwarlal Jian-Books of account not rejected-Order of Tribunal estimating at six per cent is affirmed. [S. 132(4), 147, 148, 260A]

Bihar Police Building Construction Corporation Pvt. Ltd v. PCIT [2023] 157 taxmann.com 495 / (2025) 483 ITR 203 (Patna)(HC) Editorial : SLP dismissed, Bihar Police Building Construction Corporation Pvt. Ltd v. PCIT [2025) 303 Taxman 335 (SC)

S. 56 : Income from other sources-Grants received by statutory corporation from Government for construction of housing for Police Department-Interest on deposit of such grant amounts in banks-Assessable as income from other sources-Interest paid not allowable as deduction. [S. 36(1)(iii)]

CIT v. Grindwell Norton Ltd (2025) 483 ITR 651 (Bom)(HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Capital or revenue-Pre-payment of deferred sales tax liability-Capital receipt.[S. 4, 260A]

Mahendra Prasad Singh and Bros. Mahalla v. CIT [2024] 160 taxmann.com 233 / (2025) 483 ITR 479 (Patna)(HC)

S. 40A(3): Expenses or payments not deductible-Cash payments exceeding prescribed limits-Amendment with effect from 1-4-2009-Disallowance of payments exceeding specified limit to a single person on a single day-No evidence of separate payments made on a single day to assessee-Disallowance justified. [R.6DD]

CIT v. Grindwell Norton Ltd (2025) 483 ITR 651 (Bom)(HC)

S. 32: Depreciation-Intangible assets-Business and commercial brand equity are goodwill-Depreciation allowable. [S. 260A]

CIT v. Birla Corporation Ltd [2024] 159 taxmann.com 632 / (2025) 483 ITR 554 (Cal)(HC)

S. 28(i): Business income-Capital or revenue-Subsidy-Exemption from sales tax granted by State Government-Assessable as revenue receipt.[S. 4, The U.P. Trade tax Act, 1948, S. 4A, 8A(2) 29A]]

CIT v. Grindwell Norton Ltd (2025) 483 ITR 651 (Bom)(HC)

S.14A : Disallowance of expenditure-Exempt income-Restriction of disallowance to the extent of two per cent. of dividend income Proper-Reserves and surplus amount exceeding investment-Presumption that investments out of own interest-bearing funds Disallowance not attracted.[S. 36(1)(iii) R.8D, 260A]

PCIT v. Inductis India Pvt. Ltd(2023) 157 taxmann.com 87 / (2025) 483 ITR 492 (Delhi)(HC) Editorial : PCIT v. Inductis India Pvt. Ltd [2025] 175 taxmann.com 423 (SC), SLP dismissed on account of delay of 387 days.

S.14A : Disallowance of expenditure-Exempt income-No borrowed funds utilised for investment-Order of Tribunal deleting the disallowance affirmed.[R.8D(2)(iii)]

CIT (E) v. Star Education Trust.(2025) 483 ITR 268 (Guj)(HC)

S. 10 (23C): Educational institution-Ancillary activities were connected with the main activity of imparting education-Nominal profit earned was again utilised for the main object of education-Entitled to exemption. [S. 10(23C)(vi), 260A]