Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Indian Express Newspapers (Bombay) Ltd. v. CIT (2024) 298 Taxman 507(Bom.)(HC)

S. 37(1) : Business expenditure-Provision for salary and wages-Justice Palekar Award-Ex-gratia bonus-Allowable as expenditure. [S. 36(1)(ii), 260A, Payment of Bonus Act, 1965]

Market Committee v. ACIT (2024) 298 Taxman 473 /467 ITR 118 (P&H)(HC)

S. 37(1) : Business expenditure-Payment to Haryana State Agricultural Board-Statutory functioning-Application of income-Allowable as deduction-Penalty order is quashed as the quantum disallowance is deleted. [S.260A, 271(1(c)]

PCIT v. Industrial Development Corporation of Orissa Ltd. (2024) 298 Taxman 743 (SC) Editorial: PCIT v. Industrial Development Corporation of Orissa Ltd (2023) 147 taxmann.com 298 (Orissa)(HC)

S. 37(1) : Business expenditure-Cpmpensation-340 days delay-SLP is dismissed.[Art. 136]

Sharad Sahakari Sakhar Karkhana Ltd. v. CIT (2024) 298 Taxman 191/339 CTR 345 (SC) Editorial : CIT v. Tasgaon Taluka S.S.K Ltd (2019) 262 Taxman 176 // 412 ITR 420 / 307 CTR 473/ 175 DTR 345 (SC)

S. 37(1) : Business expenditure-Diversion by overriding title-Sharing of profit-The AO has to take into account the manner in which the business works, the modalities and manner in which SAP/additional purchase price/final price are decided and determine what amount forms part of the profit-Whatever is the profit component is sharing of profit/distribution of profit and the rest is deductible as expenditure-question of law is answered partly in favour of the revenue and partly in favour of the assessee-Matter is remitted to the AO to undertake the exercise as stated in the judgement after giving an opportunity to the respective assesses-Review petition is dismissed [S.40A(2),Sugarcane (Control) Order 1966 clauses, 3, 5A]

Zuari Management Services Ltd. v. CIT (2024) 298 Taxman 551/ 471 ITR 130 (SC) Editorial : Zuari Management Services Ltd. v. CIT (2017) 88 taxmann.com 625 / 146 DTR 177/ 292 CTR 327 ( 2024) 471 ITR 123 (Bom)(HC)

S.263 : : Commissioner – Revision of orders prejudicial to revenue – Business expenditure-Interest-Real estate business-Not commenced the business-Investing in shares of subsidiary-Not allowable as deduction-SLP of assessee is dismissed as fresh assessment order was passed and the matter is pending before ITAT .[S. 37(1) Art.136]

Rohan Korgaonkar v. Dy. CIT (2024) 298 Taxman 159 (Bom.)(HC)

S. 36(1)(va) : Any sum received from employees-Late deposit of employee’s contribution to PF and ESI-Disallowance is justified-Assessment order under section 143(1)(a) would make no difference.[S.143(1)(a), 260A]

PCIT v. Uniparts India Ltd. (2024) 298 Taxman 212 (Delhi)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Loan to subsidiary-Subsidiary was incurring losses-Loan from banks at rate 14 to 16 percent-Advance to subsidiary at rate of 6 percent-No disallowance was made in earlier years-Rule of consistency-Order of Tribunal is affirmed-No substantial question of law.[S.260A]

CIT v. Hewlett Packard India Sales (P.) Ltd. (2024) 298 Taxman 448 / 463 ITR 334 (SC) Editorial : CIT v. Hewlett Packard India Sales (P.) Ltd(2021) 279 Taxman 355(2024) 463 ITR 329 (Karn)(HC)

S. 32 : Depreciation-Amalgamtion-Intangible assets-Goodwill is valuable asset-Entitle to depreciation-SLP of Revenue is dismissed.[S. 32(1), Art. 136]

Mahesh K. Mehta v. Dy. CIT (2024) 298 Taxman 238 /471 ITR 237 (Bom.)(HC)/Editorial : SLP is dismissed , Mahesh K. Mehta v. Dy. CIT (2024) 300 Taxman 600/ 469 ITR 397 (SC)

S. 14A : Disallowance of expenditure-Exempt income-Borrowed capitals-Investing in shares to earn income from dividend-Expenditure incurred on interest paid on borrowed funds is not allowable as deduction. [S.10(33), 36(1)(iii), 260A]

PCIT v. Tata Capital Ltd. (2024) 298 Taxman 714 (Bom.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Not recording of satisfaction-Order of Tribunal deleting the addition is affirmed.[S. 10(34), 45, 260A, R.8D]