Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT (LTU) v. Biocon Ltd. (2021) 131 taxmann.com 187 (Karn.)(HC) Editorial : Notice is issued in SLP filed by the revenue, CIT(LTU) v. Biocon Ltd. (2021) 283 Taxman 290 (SC)

S. 37(1) : Business expenditure-Discount on issue of ESOP-Allowable as deduction.

CIT v. Thiru Arooran Sugar Ltd. (2021) 283 Taxman 156 (Mad.)(HC)

S. 37(1) : Business expenditure-Interest-Prepayment premium-Corporate debt restructuring-Allowable as deduction.

Industrial Incubators (P) Ltd. v. Dy. CIT (2021) 323 CTR 1001 / (2022) 209 DTR 277/ 284 Taxman 465 (Orissa)(HC)

S. 32 : Depreciation-Plant and machinery-Ponds and reservoirs-Pollution control equipment’s- Aerators Depreciation allowable at 25% as against 100% claimed by the assessee-Approach road, drainage, borewells, reservoirs etc-Depreciation allowable at 10 % as against 25% claimed by the assessee. [ S. 43(3 ) ]

CIT v. Tamil Nadu Road Development Co. Ltd. (2021) 283 Taxman 168 (Mad.) Editorial :Tamil Nadu Road Development Co. Ltd v. ACIT (2009) 120 ITD 20 (Chennai)(Trib.) is affirmed.

S. 32 : Depreciation-Roads-Improvement and development of State Highways-Entitle was entitled depreciation prescribed to building.

Park Health System (P) Ltd. v. Pr. CIT (2021) 439 ITR 643 / 323 CTR 628 / 208 DTR 12 / (2022) 284 Taxman 319 (Telangana)(HC)

S. 17(2) : Perquisite-Permission for providing COVID treatment-Show cause notice-Revocation of permission was lifted-Order was set aside [S. 15, 17(ii)(b),ITATR, 1962, R. 3A, Art. 226]

Nirmithi Kendra v. Dy.CIT(E) (2021) 323 CTR 865 / 208 DTR 249 (Ker.) (HC)

S. 11 : Property held for charitable purposes-Construction of building for Government-Commission from Government-Involves carrying on of activity in the nature of trade commerce or business-Denial of exemption is held to be justified. [S. 2(15), 12A]

Nirmithi Kendra v. Dy.CIT(E) (2021) 323 CTR 865 / 208 DTR 249 (Ker,) (HC)

S. 11 : Property held for charitable purposes-Construction of building for Government-Commission from Government-Involves carrying on of activity in the nature of trade commerce or business-Denial of exemption is held to be justified. [S. 2(15), 12A]

PCIT(E) v. Karnataka Industrial Areas Development Board (2021) 130 taxmann.com 407 (Karn.)(HC), Editorial : SLP is granted to the revenue, PCIT(E) v. Karnataka Industrial Areas Development Board (2021) 283 Taxman 10(SC)

S. 11 : Property held for charitable purposes-Engaged in promotion of rapid and orderly establishment, growth and development of industries in State and provided for industrial infrastructural facilities-Object of general public utility, proviso to section 2(15) was not applicable-Entitle for exemption [S. 2(15, 12AA]

CIT(E) v. Association of State Road Transport Undertakings (2021) 283 Taxman 555 (Delhi) (HC)

S. 11 : Property held for charitable purposes-Charitable purpose-Objects of general public utility-Improve public transport system-Revenue from testing automobile parts and consultancy charges-Entitle to exemption. [S. 2(15)]

PCIT v. Servants of People Society (2021) 208 DTR 409 (2022) 324 CTR 167 /284 Taxman 461 /133 taxmann.com 244 / 447 ITR 99 (Delhi)(HC)

S. 11 : Property held for charitable purposes-Running a printing press and publishing a news paper-Profit generated was ploughed back to charitable activities-Entitle to exemption. [S. 2(15), 10(23C)(vi), 12A, 80G]