Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Star India (P.) Ltd. v. ACIT (2020) 185 ITD 559/81 ITR 8 (SN) (Mum.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Channel placement fees-Short deduction of tax at source-No disallowance can be made. [S. 9(1)(vi), 194C, 194J]

Quippo Telecom Infrastructure (P.) Ltd. v. ACIT (2020) 185 ITD 275 / (2021) 198 DTR 378 / 209 TTJ 828 (Delhi) (Trib.)

S. 37(1) : Business expenditure-Passive infrastructure and automated teller machine sites to telecom and banking industry Professional Charges-Interest on borrowed capital-Not carried on any business during the relevant year-Not allowable as business expenditure. [S. 36(1)(iii)]

Katira Construction Ltd. v. ACIT (2020) 185 ITD 173 (Rajkot) (Trib.)

S. 37(1) : Business expenditure-Ad-hoc addition-Books of account not rejected-Addition is held to be not valid.

Adadyn Technologies (P.) Ltd. v. ACIT (2020) 185 ITD 426 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Abandoned project-Promotion of business of company-Held to be revenue expenditure.

Ramesh Exports (P.) Ltd. v. DCIT (2020) 185 ITD 551 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Commission-Details of service was not furnished-Disallowance is held to be justified.

Star India (P.) Ltd. v. ACIT (2020) 185 ITD 559/81 ITR 8 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Expenditure incurred towards software was to be treated as capital in nature, however depreciation was directed to be allowed-Reimbursement of property tax-Matter remanded. [S. 32]

DCIT v. IFCI Ltd. (2020) 185 ITD 742 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Expenses incurred by assessee for issue of bonds was to be allowed as revenue expenditure-Expenses from benevolent fond-Held to be allowable.

DCIT v. Cornerstone Property Investment (P.) Ltd. (2020) 185 ITD 202 (Bang.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Used for acquisition of land which is part of inventory-Allowable as deduction.

K. B. Mehta Construction (P.) Ltd. v. DCIT (2020) 185 ITD 81 (Ahd.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Purchase of machinery-Interest is allowable as deduction even if said machinery was not put to use in year under consideration.

Shivsagar Builders (P.) Ltd. v. ACIT (2020) 185 ITD 684 (Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Redemption of debentures-Loss on redemption allowable as business loss. [S. 28(i)]