Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. L.G.W. LTD. (2023) 290 Taxman 250 (Cal.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Contractors-Delay in filing Form 26Q-Filed before the competition of assessment-Order of Tribunal deleting the addition was affirmed. [S. 194C, Rule 31A]

PCIT v. Attire Designers (P.) Ltd. (2023) 455 ITR 697/ 290 Taxman 551 (Delhi)(HC)

S. 37(1) : Business expenditure-Interest payment to DGFT on account of excess availment of export incentive is not penal nature-Allowable as business expenditure.

CIT v. Bannari Amman Sugars Ltd. (2023) 290 Taxman 311 (Mad.)(HC)

S. 37(1) : Business expenditure-Capital or revenue-Payment to State Power Corp. towards the construction of a transmission line and other supporting work-Allowable as revenue expenditure.

Nitesh Housing Developers (P.) Ltd. v. Dy. CIT (2023) 290 Taxman 474 (Kar.)(HC)

S. 37(1) : Business expenditure-Capital or revenue-Premium paid to allottee on redemption of debentures-Allowable as revenue expenditure.

PCIT v. Amadeus India (P.) Ltd. (2023) 290 Taxman 201 (Delhi)(HC)

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

Subex Ltd v. Addl.CIT (2022) 145 taxmann.com 176 (Karn.)(HC) Editorial: SLP of Revenue dismissed, Addl. CIT v. Subex Ltd. (2023) 290 Taxman 102 (SC)

S. 10AA : Special economic zones-Export turnover-Telecommunication expenses were to be excluded from export turnover.

CIT (IT) v. New Skies Satellite BV (2023) 290 Taxman 170 (Delhi)(HC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Non-resident-Providing satellite transmission services is not royalty-Order of Tribunal affirmed-DTAA-India-Netherland. [S. 260A, Art. 12]

K.M. Bopanna (HUF) v. Dy. CIT (2023) 290 Taxman 298 (Karn.)(HC)

S. 2(14)(iii) : Capital asset-Agricultural land-Mango, orchard-Situated beyond 8 kms. of City corporation-Sale proceeds of land is entitled to exemption. [S. 45]

JM Financial Asset Management Ltd v. DCIT ( Mum)(Trib) www.itatonline .org

S.147: Reassessment – After the expiry of four years – Mutual fund Spill over expenses, offer expenses, SEBI Registration fee – On the same set of facts reassessment order is bad in law – Assessing Officer has no power to review the assessment order – Order of reassessment was quashed [ S. 148 ]

Jetkool Exports India v. NFAC ( Mum)( Trib) www.itatonline .org .

S. 40(b)(v) : Amounts not deductible – Partner – Remuneration – Supplementary deed operates retrospectively if the deed is in accordance with the law – Disallowance of remuneration was deleted [ S. 40(b)(ii) ]