Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum) (Trib.)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Royalty-Disallowance at rate of 0.2 percent of turnover is deleted-25% of other fees on ad-hoc basis-Order of CIT (A) directing Assessing Officer to allow payments after verifying and comparing similar payments made to other group companies is affirmed.

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

S.37(1): Business expenditure-Trip for dealers-Expenditure incurred by assessee under its trip scheme for its dealer for purpose of expanding assessee’s business by encouraging dealers and distributors to achieve a specific target of purchase being closely linked to assessee’s business activity is allowable expenditure.

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

S.37(1): Business expenditure-Decorative paint business-Capital or revenue-Extension of existing business-Revenue expenditure.

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

S.37(1): Business expenditure-New line of business-Capital or revenue-Furniture space, home improvement, kitchen space, bathroom space and acquisition of paints manufacturing company in Ethiopia being completely a new line of business and not an extension of existing business of assessee, is capital in nature.

ITO v. Reliable Builders and Developers ( Mum)( Trib) ww.itatonline .org

S. 145 : Method of accounting – Project completion method – The Assessing Officer is not justified in rejecting the project completion method and estimating the income on percentage completion method- No addition can be made merely on the basis of sales shown in the GST return and Income tax return when the assessee is able to reconcile the difference . [ S. 4 ]

Manish Mnaohardas v .ITO (IT) (Mum )( Trib) www.itatonline.org

S. 270A:Penalty for under -reporting and misreporting of income – Penalty notice was only regarding underreporting of income- Penalty levied u for misreporting of income and under reporting – Not specifying the specific charge – Salary received is shown in the return – Penalty of Rs 44, 90,048 levied under section 270A(8) of the Act is deleted . [ S.139(9), 192 , 270A(8),270A(9)(e), 274 , Form No. 26AS ]

Himenviro Environmental Engineering Co. (P.) Ltd. V. ACIT (2024) 205 ITD 237 (Delhi)(Trib.)

S.37(1): Business expenditure-Product development expenses-Allowable as revenue expenditure-Liquidated damages-As part of contractual obligation with its customers for delayed supply of goods or delayed completion of projects-Allowable as deduction-Employees’ contribution to PF and ESI would not be allowable in case of assessee-employer if it was remitted beyond due date prescribed under respective Acts.[S. 36(1)(va)]

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)]