Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shailendra Bhandari v. ACIT (2021) BCAJ-May-P. 49 (Mum.)(Trib.)

S. 45 : Capital gains-Capital asset-Booking right of flat in a proposed building-Agreement was not registered-Compensation received on extinguishment of rights-Assessable as capital gains and not as income from other sources. [S. 2(14)(a), 56]

Stalwart Impex Pvt. Ltd. v. ITO (2021) BCAJ-September-P. 40. (Mum.)(Trib.)

S. 43CA : Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Tolerance band from 5 % to 10%-Proviso to section 43CA(1) and the subsequent amendment thereto relates back to the date on which the said section was made effective, i.e. 1st April, 2014. [S. 50C]

Mohammed Shakil Mohamed Shafi Mutawalli v. ITO (2021) 132 taxmann.com 119 / (2022) 192 ITD 130 (Ahd.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Transport charges-Copies of PAN along with copies of invoices were furnished-Disallowance is not justified merely for technical laps u/s. 194 (7) of the Act. [S. 194(7), 194C]

Hindustan Organic Chemicals Ltd. v. DCIT (2021) BCAJ-November-P. 33 (Mum.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Asset valuer’s fees paid by the lender bank and recovered from the assessee-Not liable to deduct tax at source. [S. 194J]

National Building Construction Corporation Ltd. v. Addl. CIT (2021) BCAJ-October-P. 54 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Corporate Social responsibility (CSR)-Allowable as deduction-Explanation to section 37(1) is prospective w.e.f. AY. 2015-16]

Owens-Corning (India) Pvt. Ltd. v. ITO (2021) BCAJ-September-P. 40 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Swap charges-Converting floating rate loan to a fixed rate loan-Allowable as deduction.

Kanti Beverages Pvt. Ltd. v. DCIT (2021) The Chamber’s Journal-October-P. 110 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Ad-hoc disallowance-Self-made vouchers-Held to be not justified.

P. Venganna Setty and Brothers v. ACIT (2021) 133 taxman 368 / ( 2022) 192 ITD 541 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Payment made for reclamation and rehabilitation of mine area-Direction of Supreme Court-Allowable as deduction.

Logix Buildtech (P) Ltd. v. ACIT (2021) The Chamber’s Journal-December-P. 68 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Real estate business-Pre-Operative expenses-Set-up of business-General administration and selling expenses are allowable as deduction though no revenue was generated.

Shree Nirmal Commercial Ltd. v. ITO (2021) The Chamber’s Journal-June-P 128 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Lease holder-Repair and maintenance-Allowable as revenue expenditure.