Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Eastern Coalfields Ltd. (2022) 286 Taxman 487 (Cal.)(HC)

S. 37(1) : Business expenditure-Amount paid represented fee for participation in training programmes-Allowable as business expenditure. [40A(9)]

PCIT v. Bramha Corp Hotels and Resorts Ltd. (2022) 136 taxmann.com 398 (Bom.)(HC) Editorial : SLP filed against order of High Court was to be dismissed as withdrawn. PCIT v. Bramha Corp Hotels and Resorts Ltd. (2022) 286 Taxman 265 (SC)

S. 37(1) : Business expenditure-Buy back of shares-Amount over and above face value of shares to departing group of shareholders-Allowable as revenue expenditure. [S. 263]

PCIT v. Bramha Corp Hotels and Resorts Ltd(2022) 136 taxmann.com 398(Bom)(HC) Editorial : SLP filed against order of High Court was to be dismissed as withdrawn. PCIT v. Bramha Corp Hotels and Resorts Ltd. (2022) 286 Taxman 265 (SC)

S. 37(1) : Business expenditure-Buy back of shares-Amount over and above face value of shares to departing group of shareholders-Allowable as revenue expenditure. [S. 263]

Tata Refactories Ltd. v. CIT (2022) 286 Taxman 577 / 213 CTR 405 / 326 CTR 469 (Orissa)(HC)

S. 35DDA : Amortisation of expenditure-Voluntary retirement scheme-Accrued liability-Allowable as deduction [S. 43(2), 145]

PCIT v. Eastern Coalfields Ltd. (2022] 286 Taxman 487 (Cal.)(HC)

S. 32 : Depreciation-Claim of depreciation as permissible-Deletion of disallowance was proper.

PCIT v. Karnataka State Financial Corporation Ltd. (2021) 127 taxmann.com 115 (Karn.)(HC) Editorial : Notice issued in SLP filed against order of High Court, PCIT v. Karnataka State Financial Corporation Ltd. (2022) 286 Taxman 356 (SC)

S.14A : Disallowance of expenditure-Exempt income-Only expenses proportionate to earning of exempt income could be disallowed [R. 8D]

Essilor India (P) Ltd v. Dy. CIT (2022) 286 Taxman 385 (Karn.)(HC)

S.14A : Disallowance of expenditure-Exempt income-Failure to record satisfaction-Invoking rule 8D is not justified-Disallowance proposed by the assessee is affirmed [R. 8D]

PCIT v. Jawaharlal Nehru Technological University (2022) 286 Taxman 231/ 136 taxmann.com 43 / 216 DTR 396 (2023) 423 ITR 699 (Telangana)(HC)

S. 12AA : Procedure for registration-Trust or institution-Educational institution-Failure to file return-Matter was remanded back to file of Commissioner (E) with direction to grant registration under section 12A if objectives and activities of assessee were found to be same-Order of Tribunal affirmed [S. 12A]

CIT v. Guru Nanak Education Trust (2022) 286 Taxman 350/ 210 DTR 297/ 286 Taxman 350 (Cal.)(HC)

S. 12AA : Procedure for registration-Trust or institution-Cancellation of registration is not valid on the ground which was not contained in show cause notice [S. 115BBC]

PCIT v. Wizard Enterprises (P.) Ltd. (2022) 286 Taxman 112 / 218 DTR 184/ 328 CTR 849(Cal.)(HC)

S. 10B: Export oriented undertakings-Agreement with Central Government-Ministry of Commerce granting hundred percent export oriented unit-Entitle to exemption-Exemption cannot be denied merely on the ground that the assessee has not claimed exemption in return of income. [S. 10A, 139, Industrial (Development & Regulation) Act, 1951 S. 14]