Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Andhra Pradesh Beverages Corporation Ltd. v. DCIT (2025) 237 TTJ 716 / 175 taxmann.com 567 (Hyd)(Trib)

S.40(a)(iib): Amounts not deductible-Business expenditure-Collection and payment of privilege fee, special privilege fee, etc. to the State Government-Disallowance was deleted. [S.37(1), A.P. (Regulation of Trade in Indian made Foreign Liquor, Foreign Liquor) Act, 1993, S 4]

ADP (P) Ltd. v. DCIT (2025) 237 TTJ 1080/ 177 taxmann.com 708 (Hyd)(Trib)

S. 40(a)(i): Amounts not deductible-Deduction at source-Non-resident-Fees for technical services-Marketing support services-Payment cannot be taxed in view of the application of provisions of s. 90(2)-Payment made to ADP cannot be disallowed under S. 40(a)(i) for non-deduction of TDS under S. 195-DTAA-India-Australia [S. 9(1)(vii), 90(2), 195 Art. 7, 12(3)]

Pankaj Enterprises v. Dy. CIT (2025) 237 TTJ 497 (Mum) (Trib)

S.37(1): Business expenditure-Insurance premium paid on the insurance policy of a partner-Loan was granted with the condition of obtaining an insurance policy of one partner-Allowable as business expenditure.

HDFC Ergo General Insurance Company Ltd. v. ACIT (2025) 237 TTJ 105 (Mum) (Trib)

S.37(1): Business expenditure-Penalty, fine, etc.-Payment made to intermediaries/ aggregators towards outsourcing of policy servicing activities-The payment made to the aggregators is allowable as a deduction.

Laxmi Organic Industries Ltd. v. DCIT (2025) 237 TTJ 268 / 177 taxmann.com 118 (Mum) (Trib)

S. 35: Expenditure on scientific research-Non-submission of Form No. 3CL-Weighted deduction not allowable-Allowable as a deduction under S 35(1)(i) and 35(1)(iv). [S. 35(1), 35(1)(iv), 35(2AB)]

Ebix Travels (P) Ltd. v. DCIT (2025) 237 TTJ 751/ 178 taxmann.com 68 (Bang)(Trib)

S. 32: Depreciation-Copyrights-Block of assets-Depreciation was allowed in earlier years-The AO is directed to delete the disallowance of depreciation.[S. 2(11), 32(1)(ii)]

DCIT v. Reckit Benkiser Healthcare India (P) LTD. (2025) 237 TTJ 129 / 176 taxmann.com 573 (Ahd)(Trib)

S.32: Depreciation-Intangible asset-Goodwill arising pursuant to amalgamation-Depreciation on goodwill is allowable-Unabsorbed-Carry forward and set off-Depreciation once allowed cannot be disregarded in subsequent years for the purposes of S. 32(2) [S. 32(2)]

Pankaj Enterprises v. Dy. CIT (2025) 237 TTJ 497 (Mum)(Trib)

S. 28(i): Business income-Income from house property-Leave and licence-Infrastructural facilities-Taxable as business income-Common area maintenance-Taxable as income from house property.[S. 22]

Pankaj Enterprises v. Dy. CIT (2025) 237 TTJ 497 (Mum)(Trib)

S. 23: Income from house property-Annual value-Property let out to partner at a low rent-Matter remanded to the file of the Assessing Officer for re-adjudication to get the comparable as per law. [S. 22]

Prem Educational Trust v. ITO (E) (2025) 237 TTJ 373 / 176 taxmann.com 672 (Chennai) Trib)

S. 12AB: Procedure for fresh registration-Application filed under wrong provision-Old trust-Inadvertent mistake in filing the application under wrong sub-cl. (iv) of s. 12A(1)(ac), which cannot be said be intentional/ deliberate and done with mala fide intention-CIT(E) was directed to grant the exemption. [S.12A]