Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Gajanan Parshuram Khismatrao v. ITO (2023) 202 ITD 604 (SMC) (Mum.)(Trib.)

S. 45 : Capital gains-Co-owner-Transfer-Development agreement-AIR information-Reassessment is valid- Transferred development rights in the year 2008 and handed over the passion-Sale deed executed in 2010-Capital gains cannot be taxed in the Assessment year 2010-11 [S. 2(47), 147, 148]

Sukhwant Singh v. ITO (2023) 202 ITD 722 (SMC) (Chd.) (Trib.)

S. 45 : Capital gains-Immovable property-Compensation to get property registered in his name-Capital asset-Taxable under the head capital gains-Initial paid amount should be treated as cost of acquisition. [S. 2(14), 48, 56]

Kippy Engineering (P.) Ltd. v. DCIT (2023) 202 ITD 87 (Kol.)(Trib.)

S. 43(5) : Speculative transaction-Trading in derivatives-Not speculative transactions-Entitle to set off loss in respect of trading derivatives against normal business income. [S.70]

DCIT v. Ramani Exports. (2023) 202 ITD 368 (Mum.)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Waiver of loan-Amount of loan was never claimed as expenditure nor as trading liability in any previous year-Waiver of such loan would not attract provisions of section 41(1) or section 28(iv). [S.28(iv),36(1)(iii), 41(1)(a)]

M. Shyamalanathan & Co. v. ITO (2023) 202 ITD 64 (Chennai) (Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Rice trading-Failure to demonstrate any business expediency-Directed to estimate profit on disputed purchases at 10 per cent and make additions.[R.6DD]

Surat District Co-op. Bank Ltd. v. ACIT (2023) 202 ITD 624 (Surat)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Business expenditure-Reimbursement of medical expenses and tea allowances incurred by employees-Performance of their duties during banking hours-Allowable as deduction. [S. 37(1)]

Niteshkumar Maganbhai Patel. v. ITO (2023) 202 ITD 323 (Ahd) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Amendment made in section 40(a)(ia) by Finance (No. 2) Act, 2014 is curative in nature-Disallowance under section 40(a)(ia) had to be restricted to 30 per cent instead of 100 per cent. [S.194C]

Balrajsingh Jagjitsingh Kharbanda v. ADIT, CPC, (2023) 202 ITD 433 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Club membership fee-One-time entry fee paid by individual assessee for club membership could not be allowed as business expenditure-Adjustment is affirmed-Only corporate membership one time membership fee is allowable. [S.143(1)(a)]

Niteshkumar Maganbhai Patel. v. ITO (2023) 202 ITD 323 (Ahd) (Trib.)

S. 37(1) : Business expenditure-Business of civil construction- Labour charges-Failure to support evidence-Restricted to 50 per cent of labour expenses.

ACIT v. Gujarat State Road Development Corporation Ltd. (2023) 202 ITD 510 (Ahd.)(Trib.)

S. 37(1) : Business expenditure-Expenditures towards road and bridge construction Commercial expediency-Allowable as deduction allowable as deduction though no income shown during the year. [S. 145]