Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Resolve Salvage & Fire India (P.) Ltd. v. DCIT (2022) 195 ITD 266 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Interest paid on delayed payment of TDS-Compensatory in nature-Allowable as deduction. [S. 201(IA)]

Venture Lighting India Ltd. v. ACIT (2022) 195 ITD 109 / (2023) 102 ITR 354 (Chennai)(Trib.)

S. 37(1) : Business expenditure-Foreign exchange difference-As on the date of the balance sheet-Allowable as a deduction-Provision for the stock-Ad-hoc basis-Contingent-Not allowable as a deduction-System of accounting-Followed continuously-Presumed to be correct. [S. 145]

Orient Green Power Co. Ltd. v. ACIT (2022) 195 ITD 49 (Chennai) (Trib.)

S. 37(1) : Business expenditure-Setting up of business-Business expenditure claimed towards employees cost, depreciation etc. allowable as a deduction.

ACIT v. Syed Habibur Rehman (2022) 195 ITD 480 (Delhi) (Trib.)

S. 36(1)(vii) : Bad debt-Amounts are written off-AO cannot disallow bad debts on the ground that the sum was prematurely written off. [S. 36(2)(i)]

Robust Hotels (P.) Ltd. v. DCIT (2022) 195 ITD 132 (Chennai) (Trib.)

S. 35AD : Deduction in respect of expenditure on specified business-Hotels-Approval was delayed-The matter was to be remanded back to Assessing Officer with the direction that if the delay was established, the assessee was to be allowed deduction.

Senthil Energy (P.) Ltd. v. ITO (2022) 195 ITD 473 (Chennai) (Trib.)

S. 32 : Depreciation-Windmills-Second owner-purchased used windmill which was installed before 31-3-2012-Not dismantled-Appendix-I of rule 5-Entitle for depreciation at the rate of 80 per cent.

Arkema Chemicals India (P.) Ltd. v. ACIT (2022) 195 ITD 486 (Mum.)(Trib.)

S. 32 : Depreciation-Purchase of ERP SAP software-Entitle to depreciation at 60 per cent.

Sagar Ratna Restaurants (P.) Ltd. v. ACIT (2022) 195 ITD 88 (Delhi)(Trib.)

S. 32 : Depreciation-Non-compete fee-Intangible asset-Depreciation not allowable-Capital expenditure. [S. 32(1)(ii)]

ACIT v. Uniworth Textiles Ltd. (2022) 195 ITD 675 (Kol.) (Trib.)

S. 28(i) : Business loss-Stocks written off-Claim made under sundry balance written off-Allowable as business loss. [S. 37(1)]

Nisarg Realtors (P.) Ltd. v. ACIT (2022) 195 ITD 402 (Mum.) (Trib.)

S. 28(i) : Business income-Rental income-Memorandum of Association-Main object was to acquire properties such as land and building, leasehold or freehold, and also to earn rental income-Leave and licence-Tax deducted at source-Deduction of tax at source by payer cannot determine taxability in the hands of recipients-Rental income assessable as business income and not as income from house property. [S. 22, 194I]