Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

Subir Kumar Banerjee v. ACIT (OSD) (2022) 195 ITD 366 (Nagpur)(Trib.)

S. 24 : Income from house property-Deductions-Interest on loan-Loans for purchasing flats-Further loan borrowed for repayment of earlier loans-Allowable as a deduction. [S. 22, 24(b)]

Kamal Kumar v. ACIT (2022) 195 ITD 572 (Delhi)(Trib.)

S. 23 : Income from house property-Annual value-Notional rent-Commercial property-Remained vacant during the whole of the previous year-Notional addition cannot be made. [S. 22, 23(1)(c)]

K.D. Construction Unit-I v. ITO (2022) 195 ITD 12 (SMC) (Pune) (Trib.)

S. 23 : Income from house property-Builder stock in trade-Deemed notional rent in respect of unsold flats held as stock in trade. The addition was deleted. [S. 22, 23(5), 28(1)]

Amar Chand Garg v. ACIT (2022) 195 ITD 15 (Delhi)(Trib.)

S. 23 : Income from house property-Annual value-Mixed use charges-Not property tax-Not allowable as deduction. [S. 22]

Saifee Burhani Upliftment Trust v. CIT(E) (2022) 195 ITD 281 (Mum.)(Trib.)

S. 12AB : Procedure for fresh registration-Designated authority was directed to de novo consider the application of assessee trust under section 12A(1)(ac)(i) and grant registration as per law. [S. 12A(1)(ac)(i), Form No 10AAC]