Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Care Health Insurance Ltd. (earlier Religare Health Insurance Co. Ltd.) [2024] 164 taxmann.com 53 / (2025) 474 ITR 402 (Delhi)(HC)

S.37(1): Business expenditure-Provision for claims made on customer wise details-Not a contingent liability-Provision for incurred but not reported claims allowable as deduction. [S.260A, First Schedule]

Shriram City Union Finance Ltd. v. ACIT (2025) 474 ITR 514 (Mad)(HC)

S.37(1): Business expenditure-Statutory reserve fund-Amounts transferred to statutory reserve fund in compliance with mandatory provisions of Reserve Bank of India Act, 1934-No diversion of income-Not allowable as deduction.[S. 4, Reserve Bank of India Act, 1934 S. 45-IC, 45Q.]

Unitac Energy Solutions (India) Pvt. Ltd v. ACIT (2025) 474 ITR 265 (Ker)(HC)

S. 36(1)(va): Any sum received from employees-Not paid before due date-Disallowance was affirmed. [S.260A]

Aero Club v. ACIT [2023] 156 taxmann.com 74 / (2025) 474 ITR 320 (Delhi)(HC)

S. 36(1)(iv) : Contribution towards a recognized provident fund-Business expenditure-Payments made on next day since due date fell on National holiday-Deductible.[37(1), 260A]

Sanjay Baweja v. Dy. CIT (2025) 474 ITR 376 (Delhi)(HC)

S. 17(2) : Salary-Perquisite-Stock options provided to ex employees-Stock options were not a perquisite; no exercise of options-No income chargeable to tax-Not liable to deduct tax at source. [S. 5, 17(2)(vi), 197, Art. 226]

Ravi Kumar Sinha v. CIT (2025) 474 ITR 594 (Delhi)(HC)

S. 17(2): Salary-Perquisite-Valuation of shares-Face value-Shares allotted as part of employee stock purchase scheme Lock-in period during which shares could not be transferred-Valuation of shares taking into account restrictive condition. [ S. 17(2)(iiia), 260A]

CIT v. Gobind Ram Goel Charitable Trust (2025) 474 ITR 568 (Cal)(HC)

S. 12A: Registration-Trust or institution-Cancellation of registration-Treating donation as corpus and later treating as general donation and paying tax as per order of Settlement Commission under section 245C-Cancellation of registration not valid.[ S. 12AA(3), 245C, 260A ]

PCIT v. Royal Western India Turf Club Ltd [2023] 147 taxmann.com 163 (Bom)(HC)

S. 4 : Charge of income-tax-Capital or revenue receipt-Security deposits-High Court admitted appeal to decide whether Tribunal was justified in treating amount received as security deposit which was forfeited as a capital receipt. [S. 260A]

PCIT (Central)-1 v. Hiranandani Builders (Bom)(HC), www.itatonline.org Editorial : Order of Tribunal in ITO v. Hiranandani Builders ( 2017) 83 taxmann.com 65 ( Mum)( Trib) , affirmed .

S.80IA: Industrial undertakings – Enterprises engaged in infrastructure development -Income tax refund – Interest on excess payment of tax – Income derived from eligible business – Eligible for deduction- No substantial question of law . [ S.260A ]

Gateway Terminals India Pvt. Ltd. v. DCIT (Bom) ( HC) www.itatonlineorg

S.80IA: Industrial undertakings – Enterprises engaged in infrastructure development -Derived – Interest income on fixed deposits kept for contractual obligations and Interest on wrongful deduction of TDS refund – Eligible for deduction as profits derived from infrastructure facility. [ S. 56 ,80IA(ii), 254(2), 260A , Art.226 ]