Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sarvoday Ply Industries. v. DCIT (2024) 209 ITD 42 (Surat) (Trib.)

S. 35 : Expenditure on scientific research-Capital gains-Business discontinued-Deduction under section 35(1)(ii) can be claimed only from income falling under head Profits and gains of business or profession under section 28-; a Not entitled to claim deduction from capital gain.[S. 28(i), 35(1(ii), 45]

Hazaribagh Ranchi Expressway Ltd. v. ACIT (2024) 209 ITD 522 //115 ITR 46 (SN) (Mum.) (Trib.)

S. 32 : Depreciation-Toll roads-Constructing a road on BOT basis on Government land-Not owner of road-Toll bridge and toll roads are not tangible assets of assessee in terms of Explanation-3(a) to section 32(1)(ii) [S.32(1)(ii)]

Hi-Style India (P.) Ltd. v. DCIT (2024) 209 ITD 175 (Chennai) (Trib.)

S. 32 : Depreciation-Business premises on lease-Improvement of leased premises by interior decoration, like false ceiling, painting etc.-Write off total expenses at 20 per cent ascertaining life of expenditure incurred between 3 to 5 years-Claim of depreciation is justified.

DCIT v. Pooja Marketing (2024) 209 ITD 450 (Chennai) (Trib.)

S. 28(i) : Business income-Prize winnings from unsold lottery tickets-Income from other sources-Reseller of Government paper lottery tickets-Prize winnings from unsold lottery tickets would part of business income-Eligible to set off its losses. [S.2(24)(ix), 56(2)(ib), 70, 71, 74A, 115BB, 194B]

EMC Projects (P.) Ltd. v. DCIT (2024) 115 ITR 24 / 209 ITD 411 (Kol.)(Trib.)

S. 22 : Income from house property-Business of all kinds of engineering products including financing, manufacturing, selling-Rental income assessable as income from house property and not as business income. [S. 28(i), 263]

Varun Developers v. ACIT (2024) 209 ITD 299 (Pune) (Trib.)

S. 22 : Income from house property-Annual value-Stock in trade-Construction business-Operation of sub-section (5) of section 23 inserted by Finance Act, 2017 is not made retrospective and, thus, annual value/deemed rental income of property held as stock-in-trade can be calculated and shall be chargeable to income tax only with effect from assessment year 2018-19 and not prior to that. [S. 23(4), 23(5)]

DCIT v. Stylam Industries Ltd. (2024) 209 ITD 75 (Chd.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Interest-Surplus fund-Order of CIT(A) deleting the disallowance is affirmed. [R.8D]

Akhil Bhartiya Pashwachandra Jain Charitable Trust v. CIT (2024) 209 ITD 385 (Rajkot)(Trib.)

S. 12AB: Procedure for fresh registration-Construction and maintenance of crematorium for monks and Saints-Various activities without any discrimination based on caste, colour, or creed-Entitle to registration. [S. 2(15), 11]

Shree Dandhavya chhasath Prajapati Samaj. v. CIT (2024) 209 ITD 337 (Ahd.)(Trib.)

S. 12AB: Procedure for fresh registration-Objects were confined to a particular community-Rejection of application is not valid-Section 13(1)(b) is not relevant at stage of registration under section 12AB but rather comes into play at time of assessment when determining exemption under section 11-Rejection application is set aside.[S. 11, 13(1)(b)]

Parner Vipassana Samiti. v. CIT (2024) 209 ITD 370 (Pune) (Trib.)

S. 12AB: Procedure for fresh registration-Principle of natural justice-Cancellation of Registration–Time granted only 10 days to cure defects-Rejection of application is set aside. [12A(1)(ac)(vi), R.17A]