Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT v. National Bank for Agriculture & Rural Development [2023] 221 TTJ 25 /221 DTR 369 (Mum) (Trib)

S. 36(1)(xii) :Corporation or body corporate-Central or State or Provisional Act-Business expenditure–Absence of notification in the relevant year-Not allowable as deduction. [S.37(1)]

Aaryavart Impex (P) Ltd. v. ACIT (2023) 221 TTJ 817 /151 taxmann.com 22 (Ahd)(Trib)

S.36(1)(iii): Interest on borrowed capital-Interest free advances have been given by out of his own fund-No disallowance can be made.

Gajraj Tradecom Pvt. Ltd. v. DCIT (2023) 102 ITR 80 (SN)/200 ITD 74 (Kol)(Trib)

S. 35 : Expenditure on scientific research-Weighted deduction-Contribution towards research in social science or statistical research & Eligible projects-no opportunity to the assessee to rebut the reports of Investigation Wing on statements recorded of third party or to cross examine such third party-held, violation of principles of natural justice-Deduction allowed. [S. 35(1)(iii), 35AC]

Dy. CIT v. National Bank for Agriculture & Rural Development. (2023) 221 TTJ 25 / 221 DTR 369 (Mum) (Trib)

S. 35 : Expenditure on scientific research-Weighted deduction-Unpaid amounts as expenditure-Disallowance is affirmed.[S. 2(24), 35(2AB), 36(1)(xii)]

Emerson Climate Technologies (India) Pvt. Ltd. v. ACIT (2023) 147 taxmann.com 359/ 102 ITR 43 (SN)(Pune) (Trib)

S. 35 : Expenditure on scientific research-Weighted deduction-Disallowance for want of approval of prescribed authority-Form 3CL issued subsequently-Matter restored to Assessing Officer for verification and decision in accordance with Law. [S.35(2AB).

Hawkins Cookers Ltd. v. ACIT (2023) 102 ITR 395/151 taxmann.com 57 (Mum)(Trib)

S. 35 : Expenditure on scientific research-Weighted Deduction-Allowable deduction. [S.35(2AB(1)]

Oceanic Vehicles Pvt. Ltd. v. DCIT (2023) 102 ITR 70(Ahd)(Trib.)

S. 24 : Income from house property-Deductions-Interest expenses to the extent incurred towards the acquisition of property to be allowed u/s. 24(a)-Interest expenses not incurred in relation to business is not allowed under section 36(1)(iii).[S.24(a), 36(1)(iii)]

RVM Education (P.) Ltd. v. ACIT (2023)102 ITR 31 (SN)(Delhi) (Trib)

S. 22 : Income from house property-Business income-Receipts under leave and licence agreement taxable as income from house property-Income from consultancy treated as business income. [S.28(i)]

TIL LTD. v. Dy. CIT (2023) 102 ITR 148 (Kol)(Trib.)

S.14A : Disallowance of expenditure-Exempt income-Own funds more than investments-No disallowance of interest could be made-Recording of satisfaction by AO that assessee’s claim was incorrect is mandatory-Insertion of non-obstante clause perspective.[R 8D(2)(iii)]

CVMV Reddy’s Educational and Public Charitable Trust v. ACIT (E) (2023)102 ITR 7 (SN)(Chennai) (Trib)

S. 12AA : Procedure for registration –Trust or institution-Ex parte order-Rejection of registration-Order is set aside and assessment to be made afresh. Consequent Upon Reconsideration Of Application For Registration-Penalty order is also set aside.[S.270A]