Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Cadila Pharmaceuticals Ltd. v. ACIT (2024)115 ITR 428 / 162 taxmann.com 229 (Ahd)(Trib)

S. 36(1)(iii) : Interest on borrowed capital-Order of CIT(A) is affirmed.

Cadila Pharmaceuticals Ltd. v. ACIT (2024) 115 ITR 51 ((SN)/ 162 taxmann.com 229 (Ahd)(Trib)

S. 35 : Expenditure on scientific research-In-house scientific research and development-Weighted deduction-Expenditure attributable to income earned from contract research is also entitled to weighted deduction-Matter remanded. [S.35(2AB)]

Pharmanza Herbal P. Ltd. v Dy. CIT (2024)115 ITR 612 / 164 taxmann.com 1297 (Ahd)(Trib)

S. 35 : Expenditure on scientific research-Department of Scientific and Industrial research approved only part of expenditure claimed-Prior to 1-4-2016 there is no requirement of quantification of eligible expenditure incurred on in-house research and development facility has to be approved by prescribed authority-Entitled to 200 Per Cent. of actual expenditure incurred on Scientific Research.[S.35(2AB]

Cadila Pharmaceuticals Ltd. v. ACIT (2024)115 ITR 428 / 162 taxmann.com 229 (Ahd)(Trib)

S. 35 : Expenditure on scientific research-Purchase of capital equipment for research facility-Clinical trial expenditure allowed by Tribunal in earlier years which is up held by High Court-Order of CIT(A) deleting the addition is affirmed-Central Board Of Direct Taxes Circular No. 14(Xl-35), Dated 11-4-1955. [S.35(2AB)]

Cadila Pharmaceuticals Ltd. v. ACIT (2024) 115 ITR 51 ((SN)/ 164 taxmann.com 52 (Ahd)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Disallowance cannot exceed exempt income-Addition to book profit is deleted. [S.115JB, R.8D]

ACIT v. Uniparts India Ltd(2023) 150 taxmann.com 142 / (2024)115 ITR 473 (Delhi)(Trib)

S.14A : Disallowance of expenditure-Exempt income-No exempt income-Disallowance cannot be made. [R. 8D

Cadila Pharmaceuticals Ltd. v. ACIT (2024)115 ITR 428/ 162 taxmann.com 229 (Ahd)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-Suo motu disallowance-Disallowance is restricted to amount of exempt income.[R.8D]

Turner Broadcasting System Asia Pacific Inc., USA v. Dy. CIT (2024) 115 ITR 21 (SN) (Delhi)(Trib)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Selling advertising in, and distribution of, television channels in India through Indian company-No transfer of copyright, title or ownership interest to Indian company-Receipts taxable as business income and not royalty-DTAA-India-USA.[S.9(1)(i), Art 12]

Nataraj Ramaiah v.ITO (IT) (2024) 115 ITR 31 (SN)(Chennai) (Trib)

S. 2(14)(iii) : Capital asset-Agricultural land-Sale of agricultural land-Land situated beyond 10 Kms. from Municipal limits-And Shown as wet land-Registration of immovable property by land Registrar-Paid land revenue-Cannot be assessed as capital gains. [S. 45]

Anil Dattaram Pitale v. ITO, (Mum)(Trib.) www.itatonline .org .

S. 56 : Income from other sources -Re development -Alternative accommodation of New flat of bigger size allotted from the builder in extinguishment of the old flat as per the redevelopment agreement – Cannot be assessed under section 56(2)(x) of the Act – A the most the said transaction may attract capital gains in which case the assessee should be entitle for deduction of cost of new flat u/s. 54 resulting in no tax liability – Addition is deleted . [ S.45, 54 ]