Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Pankaj Enterprises. v. DCIT (2025) 214 ITD 702 (Mum) (Trib.)

S. 28(i): Business income-Call centre facilities-Business of providing call centre facilities and leasing out premises-Assessable as business income and not as income from house property-Maintenance charges received by assessee, owner of a property, from tenants for undertaking maintenance of common areas of property were to be assessed as income from business and profession. [S. 22]

Ecoenergy Insights Ltd. v. ACIT (2025) 214 ITD 381 (Delhi) (Trib.)

S. 28(i): Business income-Export of services-Not liable to pay GST/IGST on services exported out of India-Refund of IGST could not be treated as income of assessee.[S. 43B, Central Goods and Services Tax Act, 2017, S.54]

Shapoorji Pallonji Energy (Gujarat) (P) Ltd. v. DCIT (2025) 214 ITD 297 (Mum) (Trib.)

S. 28(i): Business income-Foreign Exchange fluctuations-Loan given to overseas party-Mark-to-market gain on loans given to an overseas party due to year-end foreign exchange reinstatement-loans were not on revenue account-Addition was deleted. [S. 45]

Pankaj Enterprises. v. DCIT (2025) 214 ITD 702 (Mum) (Trib.)

S. 24: Income from house property-Deductions-Interest deduction on loans taken for rental properties-Matter remanded to the Assessing Officer for verification. [S. 22]

Pankaj Enterprises. v. DCIT (2025) 214 ITD 702 (Mum) (Trib.)

S. 23: Income from house property-Annual value-Taxes which are actually paid during the year are deductible-Matter remanded for verification-Leased property to a partner the Master Clock and Works Pvt Ltd (MB) at lower rent, claiming it was a bare shell-Fair rent comparison-Matter remanded for verification. [S. 22]

Hercules Hoists Ltd. v. DCIT (2025) 214 ITD 61 (Mum) (Trib.)

S. 23: Income from house property-Annual value-After expiry of lease, property remained vacant-Assessing Officer was to be directed to determine ALV of property based on municipal ratable value (MRV)[S. 22, 23(1) (c)]

Biswas Manik v. ITO (2025) 214 ITD 197 (Ahd.) (Trib.)

S. 17(2): Salary-Perquisite-LIC annuity-Employer purchasing an annuity policy in the name of the employee, payable in future. Cannot be taxed as a perquisite in the hands of the employee in the relevant assessment year, as the employee had not acquired any vested or enforceable right over the said amount in the relevant assessment year. [S. 10 (10CC) 15]

G.N. International (P.) Ltd. v. ACIT (2025) 214 ITD 180 (Delhi) (Trib.)

S.14A: Disallowance of expenditure-Exempt income-Disallowance cannot exceed exempt income-Amendment made to provisions of section 14A vide Finance Act, 2022 is prospective in nature and cannot be applied for earlier years.[R.8D]

Hercules Hoists Ltd. v. DCIT (2025) 214 ITD 61 (Mum) (Trib.)

S.14A: Disallowance of expenditure-Exempt income-Directed to consider only those investments which yielded exempt income during the year. [R.8D]

Hatkeshwar Mahadev Trust. v. CIT (2025) 214 ITD 608 (Ahd) (Trib.)

S. 12AB: Procedure for fresh registration-Specific violation-Religious community-Rejection of application-No inquiry of violation was made-Tribunal held that CIT(E) finding of specified violation was incorrect-Denial of registration was unjustified-Directed to grant the exemption.[S. 12A (1)(ac)(iii), 12AB(4)]