Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Sri Vijaya Visakha Milk Producers Company Ltd. (2024) 205 ITD 160/227 TTJ 23 (UO) (Vishakha)(Trib.)

S.37(1): Business expenditure-Business promotion expenses-Gifts distributed at time of annual general meeting to milk producers-Allowable as deduction-Limited return on share capital-1% of share capital-Not allowable as deduction. [Companies Act, 1956, S.581A, 581 E]

Ariff & Co. v. ACIT (2024) 205 ITD 84/229 TTJ 434 (Chennai) (Trib.)

S. 36(1)(iii) :Interest on borrowed capital-Loan raised from bank for repayment of capital-Allowable as deduction.

ACIT v. Surat Life Care (P.) Ltd. (2024) 205 ITD 538 (Surat)(Trib.)

S. 35AD : Deduction in respect of expenditure on specified business-Hospital-Survey-Revised return-Deduction claimed in revised return is allowable. [S.35AD(2), 133A, 139(5)]

Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 /116 ITR 261(Mum.)(Trib.)

S.35A : Acquisition-Patent rights-Copy rights-Trade mark-Merger-Eligible to claim deduction.

Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 /116 ITR 261(Mum.)(Trib.)

S. 35 : Expenditure on scientific research-Approval was pending-Issue was restored to Assessing Officer.[S.35(2AB), Form No 3CM]

Asian Paints Ltd. v. ACIT (2024) 205 ITD 680 (Mum.)(Trib.)

S. 32 : Depreciation-Carry forward of depreciation-New plant and machinery less than 180 days-Entire additional depreciation cannot be allowed-Balance unclaimed amount can be claimed in subsequent assessment year.

Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636/ 116 ITR 261 (Mum.)(Trib.)

S. 32: Depreciation-Merger-Assessing Officer should allow depreciation on basis of computation made by assessee and not to reduce WDV on basis of notional amount of depreciation.

Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 /116 ITR 261(Mum)(Trib.)

S. 32 : Depreciation-Computer software-Block-Software and computer as one block, issue was to be remitted back to Assessing Officer to decide as per findings returned by Tribunal. [S. 2(11)]

Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636/ 116 ITR 261 (Mum)(Trib.)

S. 28(ii)(c) : Business income-Termination of agency-Neither capital structure of assessee had been affected nor it had affected trading structure of business-Compensation received by the assessee from German company was business income under section 28(ii)(c) read with section 28(va)(a) and not capital gains. [S. 28(va), 45, 55]

ACIT v. Surat Life Care (P.) Ltd. (2024) 205 ITD 538 (Surat)(Trib.)

S. 28(i) : Business income-Survey-Unaccounted receipts-Disclosed in the revised return-Assessable as business income and not as cash credits applying the provision of S. 115BBE of the Act.[S. 68, 115BBE, 139(5)]