Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


G.D. Foods and Manufacturing (India) (P.) Ltd. v. ADIT (2023) 202 ITD 116 (Delhi) (Trib.)

S. 36(1)(va) : Any sum received from employees-Sunday or gazeted holiday-Payment was made on next working day-Allowed as deduction. [S.43B, 139(1)]

Viney Corporation Ltd. v. ACIT (2023) 202 ITD 533 (Delhi) (Trib.)

S. 32 : Depreciation-Plant and machinery-Solar Power Plant-Captive use of factory-Installed in office premises-Office building is part of factory and electricity so generated was used for factory-Matter remanded to Assessing Officer for verification.

DCIT v. GMR Warora Energy Ltd. (2023) 202 ITD 501 (Mum) (Trib.)

S. 32 : Depreciation-Plant and machinery-Additional depreciation-Put to use less than 180 days-Only 50 per cent of additional depreciation could be claimed in that year and thus, balance 50 per cent of additional depreciation could be availed in subsequent year. [S. 32(1)(iia)]

Shiv Shakti Construction v. ACIT (2023) 202 ITD 655/ 225 TTJ 676 (Delhi) (Trib.)

S. 28(i) : Business income-Interest on FDRs earned by contractor-Considered like contract receipts for the purpose of estimation of profit of 10 % of receipts-Interest on income tax refund and NSC deposits is assessable as income from other sources.[S. 56, 145]

Satia Industries Ltd. v. NFAC (2023) 106 ITR 550 / 202 ITD 189 (Amritsar)(Trib.)

S. 28(i) : Business income-Carbon credits-Capital or revenue-Income earned from sale of Renewable Energy Certificates (REC)/carbon credits is a capital receipt and not business income-Return-An assessee can amend a return filed by him during assessment proceedings-Commission paid-Disallowance is not justified. [S. 4, 37(1), 69C, 139(5), 143(3)]

Anuradha Properties & Townships (P.) Ltd. v. ACIT (2023) 202 ITD 91 (Hyd)(Trib.)

S. 28(i) : Business income-Unaccounted receipts-Cash receipts-Matter remanded. [S. 132]

DCIT v. Forum Projects (P.) Ltd. (2023) 202 ITD 51 (Kol) (Trib.)

S. 24 : Income from house property-Deductions- Administrative expenses was not as deduction-Deletion of addition is justified. [S. 24(i), 153A]

DCIT v. Forum Projects (P.) Ltd. (2023) 202 ITD 51 (Kol) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot exceed the exempt income.[R.8D]

Qamar Free Library. v. CIT (2023) 202 ITD 529 (Surat) (Trib.)

S. 12AB : Procedure for fresh registration- Mis-match in name vis-a vis name shown in PAN, Form 10AB-Matter restored back to reconsider registration a fresh. [R. 17A, Form No 10AB]

Confederation of Real Estate Developers Association of India. v. CIT (2023) 202 ITD 83 (Raipur) (Trib.)

S. 12AA : Procedure for registration-Trust or institution-Failure to furnish self attested copy of registered bye-laws-Matter remanded. [S. 2(15), R. 17A(1)]