Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum) (Trib)

S. 37(1) : Business expenditure-Payment for site development rights-Payment not genuine-Parties not having expertise-Report of expert backdated-Bogus expenditure-Disallowance justified.

Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum)(Trib)

S. 37(1) : Business expenditure-Employer’s benefit, repairs and maintenance, Other expenses, commission etc-CIT(A) restricting benefits of employees and legal and professional fees by 5%-Disallowance of 10% repairs and commission and discount-Disallowance reasonable-Deletion of disallowance on manufacturing expenses-Order of CIT(A) is affirmed.

Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum)(Trib)

S. 37(1) : Business expenditure-Liquidated damages for delay-Liability supported by MOU-Allowable-Interest on loan taken by party paid by assessee-Interest not allowable.

Tamil Nadu Generation and Distribution Corporation Ltd. v. ACIT (2022) 217 TTJ 108/ 213 DTR 313 (Chennai) (Trib)

S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts-Schedule bank-Mere provision of bad and doubtful debts when the same is made on an ad hoc basis will not constitute a write-off to claim deduction.

Dy. CIT v. Kanoria Chemicals & Industries Ltd. (2022) 215 TTJ 1003 (Kol)(Trib)

S. 36(1)(vii) :Bad debt-Unit sold as slump sale-Past advances written off relating to sold unit-Not allowable as deduction.

ACIT v. Milroc Good Earth Property & Development LLP (2022) 217 TTJ 52 (UO)/ 142 taxmann.com 149 (Panaji)(Trib)

S. 36(1)(iii) : Interest on borrowed capital-Real estate developer-Interest paid on overdraft-Closing stock and working progress-Disallowance was deleted-Loan to subsidiaries-Recovered the interest paid on overdraft-Deletion of interest is affirmed.

ACIT v. Nahar Industrial Enterprises Ltd. (2022) 219 DTR 73 / 219 TTJ 544 / 99 ITR 562 (Chd)(Trib) ACIT v. Nahar Spinning Mills Ltd (2022) 219 DTR 73 / 219 TTJ 544 / 99 ITR 562 / 142 taxmann.com 52 (Chd)(Trib) ACIT v. Oswal Woollen Mills Ltd. (2022) 219 DTR 73/ 219 TTJ 544 / 99 ITR 562 / 142 taxmann.com 52 (Chd)(Trib)

S. 36(1)(iii) :Interest on borrowed capital-Sufficient funds-Investment in shares-Disallowance is not justified-Matter remanded.

Milrco Good Earth Property & Development LLP v. ACIT (2022) 217 TTJ 52 (UO) / 142 taxmann.com 149 (Panaji) (Trib)

S. 36(1)(iii) : Interest on borrowed capital-Amount advanced to sister concern-Interest recovered-Disallowance of interest is not justified.

Wanbury Ltd. v. Dy. CIT (2022) 95 ITR 87 (SN)(Mum) (Trib)

S. 36(1)(iii) : Interest on borrowed capital-Interest-free funds far in excess of loan advanced-Disallowance of interest not warranted.

Dy. CIT v. Shriram Investments (2022)95 ITR 111 (Chennai)(Trib)

S. 36(1)(iii): Interest on borrowed capital-Advancing borrowed money to sister concern for business purposes without charging interest-Interest expenses allowable as deduction. [S. 37(1)]