Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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)]

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

S.35A : Acquisition-Patent rights-Copy rights-Trade mark-Merger-Eligible to claim deduction.

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

S. 35 : Expenditure on scientific research-Approval was pending-Issue was restored to Assessing Officer.[S.35(2AB), Form No 3CM]

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

S. 32 : Depreciation-Carry forward of depreciation-New plant and machinery less than 180 days-Entire additional depreciation cannot be allowed-Balance unclaimed amount can be claimed in subsequent assessment year.

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

S. 32: Depreciation-Merger-Assessing Officer should allow depreciation on basis of computation made by assessee and not to reduce WDV on basis of notional amount of depreciation.

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

S. 32 : Depreciation-Computer software-Block-Software and computer as one block, issue was to be remitted back to Assessing Officer to decide as per findings returned by Tribunal. [S. 2(11)]

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

S. 28(ii)(c) : Business income-Termination of agency-Neither capital structure of assessee had been affected nor it had affected trading structure of business-Compensation received by the assessee from German company was business income under section 28(ii)(c) read with section 28(va)(a) and not capital gains. [S. 28(va), 45, 55]

ACIT v. Surat Life Care (P.) Ltd. (2024) 205 ITD 538 (Surat)(Trib.)

S. 28(i) : Business income-Survey-Unaccounted receipts-Disclosed in the revised return-Assessable as business income and not as cash credits applying the provision of S. 115BBE of the Act.[S. 68, 115BBE, 139(5)]

Bhanuprasad Maganlal Patel. v. DCIT (2024) 205 ITD 429/228 TTJ 393 (Ahd.)(Trib.)

S. 28(i) : Business income-Capital gains-Purchase of land-Co-owners-Partnership firm with-Co-owners-Development agreement with firm-Intention was doing real estate business-Profit is to be assessed as business income and not as capital gains-Denial of exemption under section 54F is justified. [S. 45, 54F]

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

S. 24 : Income from house property-Deductions-Rental income-Let out portion of its house property-Assessable as income from house property and not as income from other sources-Entitle t statutory deduction @30% under section 24(a) of the Act. [S. 22, 24(a), 56]