Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kaisha Lifesciences P. Ltd. v. Dy. CIT (2025) 123 ITR 589/ 172 taxmann.com 48 (Mum)(Trib.)

S. 35: Expenditure on scientific research-Entitled to claim deduction under S. 35(2AB) even in respect of expenditure incurred prior to approval date, i.e. from 1-4-2019.[S.35(2AB]

Malwa Oxygen & Industrial Gases (P.) Ltd. v. ITO NFAC, Delhi (2025) 215 ITD 503 (Indore)(Trib.)

S. 35: Expenditure on scientific research-Business expenditure-Withdrew higher claim-Entitled to 100% deduction of revenue expenses under section 35(1)(i) and depreciation on R&D assets under section 32(1).[S. 32(1), 35(1)(i), 35(2AB), 43(4), Form 3CL]

DCIT v. Anand NVH Products (P.) Ltd. (2025) 215 ITD 98 (Delhi) (Trib.)

S. 35: Expenditure on scientific research-Approval was granted by DSIR during the previous year-Entitled to claim weighted deduction in respect of entire expenditure incurred under section 35(2AB)[S.35(2AB)]

DCIT v. Glaxosmithkline Consumer (P.) Ltd. (2025] 215 ITD 423 (Chd) (Trib.)

S. 32: Depreciation-Goodwill-Slump sale-Tangible Assets-Entitled to claim depreciation. [S. 2(42C),32(1)(ii) 50B]

Bakeri Projects (P.) Ltd. v. DCIT (2025) 215 ITD 289 (Ahd) (Trib.)

S. 32: Depreciation-Amalgamation-Goodwill-Excess of consideration over net assets-Depreciation on goodwill allowable.

Dynaspede Integrated Systems (P.) Ltd. v. DCIT (2025) 215 ITD 17 (Chennai) (Trib.)

S.32: Depreciation-Amalgamation-Depreciation on goodwill-Matter was remanded to the file of CIT(A) for consideration afresh.[S. 32(1)]

Atul Kumar Gupta. v. ITO (2025) 215 ITD 472 (SMC) (Delhi) (Trib.)

S. 28(v): Business income-Partner-Interest, salary, bonus, remuneration-Chartered accountant-Depreciation-Business expenditure-Any expenditure incurred wholly and exclusively for earning such income, including depreciation, is allowable under sections 32 and 37 [S. 32, 37(1)]

Weir Mineral (India) Pvt. Ltd. v. DCIT [2025] 175 taxmann.com 407 (Delhi)(Trib), www.itatonline.org.

S.28(i) : Business income-Accrual-Real income theory-Royalty-Mere deduction of TDS does not conclusively establish accrual of royalty income where ultimate collection is uncertain-Revenue recognition can be postponed under AS-9 where collectability is doubtful-Addition of royalty as undisclosed professional income deleted-However, amount of TDS claimed as credit deemed as income under section 198 and taxable-Relief restricted to royalty amount minus TDS claimed.[S. 5, 145, 198, 199, R. 37BA]

ITO v. Thrissur Expressway Ltd. (2025) 234 TTJ 676 (Hyd)(Trib)

S. 28(i): Business income-Estimation of income-Deferred revenue expenditure, not income [S. 4, 145]

Asha Burman. v. ACIT (2025) 215 ITD 612 (Delhi) (Trib.)

S. 23: Income from house property-Annual value-Used for self-occupation-Partly let out-Entire issue was remanded back to the Assessing Officer for determining ALV, taking into consideration only that part of the building which was let out by the assesse.[S. 22]