Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Triumph International (India) Pvt. Ltd. v. ACIT (2022)100 ITR 33 (SN)(Chennai) (Trib)

S. 37(1) : Business expenditure-Restatement of foreign exchange loss-Assessing Officer directed to verify and allow.

Roca Bathroom Products Pvt. Ltd. v. Dy. CIT (2022)100 ITR 65 (SN)(Chennai) (Trib)

S. 37(1) : Business expenditure-Provision for slow or non-moving and obsolete inventory-A separate provision in this regard, could not be allowed to the assessee-Liability not crystallised is not allowable as deduction. [S. 145]

ACIT v. Rosebys Interiors India Ltd. (2022)100 ITR 4 (SN)(Ahd) (Trib)

S. 37(1) : Business expenditure-Capital or Revenue-Advertisement expenses not debited to Profit and loss account but accounted in balance-sheet as “Capital Work-In-Progress (Brand Building expenditure)”-Allowable as deduction. [S. 145]

EIT Services India Pvt. Ltd. v. Dy CIT (2022) 100 ITR 490 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Employees’ Stock Option Scheme-Deducted tax at source in respect of share-based compensation under taxed in hands of employees as perquisite-Cross-charge expenses-Allowable as deduction-Assessing Officer was directed to verify whether amount subject to tax deduction at source-Matter Remanded. [S. 15, 17(1), 40(a)(i), 192, 195]

ACIT v. PSN Automative Marketing (P) Ltd (2022) 100 ITR 69 (Cochin) (Trib)

S. 37(1) : Business expenditure-Capital or revenue expenditure-Temporary structure-100% depreciation is allowable.[S. 32]

Dy. CIT v. Mahendra Brothers Exports Pvt. Ltd. (2022) 99 ITR 537 (Mum)(Trib)

S. 37(1) : Business expenditure-Miscellaneous expenditure-Ad Hoc disallowance-Deletion is held to be proper.

Capgemini India Pvt. Ltd. v. Dy. CIT (2022) 99 ITR 506 (Mum)(Trib)

S. 37(1) : Business expenditure-Credit card expenses of employee-Matter remanded for verification.

Altisource Business Solutions Pvt. Ltd. v. ITO (2022) 99 ITR 647 (Bang) (Trib)

S. 37(1) : Business expenditure-Capital or Revenue Expenditure-Payment for acquisition of application software-Revenue expenditure.

Allen Career Institute v. JCIT (2022) 99 ITR 269 (Jaipur) (Trib)

S. 37(1) : Business expenditure-Financial assistance to meritorious students-Not contingent-Allowable as deduction-Capital or revenue-Expenditure for new electricity connection and Meter cost-Internet networking expenses-Payment to Municipality for name transfer fee-allowable as revenue expenditure-Expenses incurred for extension of height of existing boundary wall-Capital expenditure-Fines and penalties-Expenses for regularisation of construction of old building-Penalty imposed by Urban Improvement Trust on account of unauthorised construction-Not allowable as business expenditure.[S. 145]

Karnataka State Beverages Corporation Ltd. v. ACIT (2022) 99 ITR 325 (Bang) (Trib)

S. 37(1) : Business expenditure-Ex gratia payment-Deduction should be allowed although liability may have to be quantified and discharged at future date-Matter remanded. [S. 145]