Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sun Paper Mill Ltd. v. Dy. CIT (2020) 83 ITR 44 (SN) (Chennai)(Trib.)

S. 37(1) : Business expenditure-Profits on sale of asset–Prior period expenses-Earned leave paid to employees-Matter remanded to the Assessing Officer. [S. 254(1)]

Nuclear Healthcare Limited v. ACIT (2020) 83 ITR 35 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue- Differential lease premium and processing fees-Fixed asset-Capital expenditure- Depreciation allowable. [S. 32]

Nokia India Pvt. Ltd. v. Add. CIT (2020) 83 ITR 69 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Marketing expenses-Mobile handsets issued free of cost to after-Marketing services Centers, annual maintenance and services contractors, dealers and employees-Cost allowable as business expenditure–Trade discount also allowable as business expenditure.

Dy. CIT (LTU) v. EXL Service.Com (India) Pvt. Ltd. (2020) 83 ITR 11 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Recruitment of employees-Held to be allowable as deduction.

ACIT v. Eastern Coalfields Ltd. (2020) 83 ITR 61 (SN) (Kol.)(Trib.)

S. 37(i) : Business expenditure-Grants to Philanthropic Organisations and recreational clubs-In terms of agreement between management and employees union-Allowable as deduction.

ACIT v. CEC Soma CICI Joint Venture (2020)83 ITR 54 (SN) (Bang.) (Trib.)

S. 37(i) : Business expenditure-Provision for future expenses- Construction of stations and tunnels for the Bangalore metro-Matter remanded to the Assessing Officer. [S. 145].

BGSE Financials Ltd. v. Dy. CIT (2020) 83 ITR 56 (SN)/194 DTR 313/ 207 TTJ 1121 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Admission fees paid to Stock Exchange for membership is capital expenditure- Membership of Stock Exchange is a capital asset- Depreciation is allowable. [S. 2(14), 32 National Stock Exchange Rules, 18(b)]

Vinay Bhasin v. ACIT (2020) 83 ITR 78 (SN) (Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Interest on car loan-Car Loan amount directly disbursed to seller of car-Own fund utilized for advancing interest free loan-Disallowance of interests is not justified.

Nuclear Healthcare Limited v. ACIT (2020) 83 ITR 35 (SN) (Mum.) (Trib.)

S. 35D : Amortisation of preliminary expenses-Inconsistency in manner of claiming expenditure-Deduction of the fresh expenditure allowable only as per S.35D of the Act .

Dy. CIT (LTU) v. EXL Service.Com (India) Pvt. Ltd. (2020) 83 ITR 11 (SN) (Delhi)(Trib.)

S. 32 : Depreciation-Voice recording software licences-Entitled to Sixty Per Cent.