Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Vikram Reddy (2021) 433 ITR 100 / 200 DTR 249/ 322 CTR 665 (Karn.)(HC)

S. 45 : Capital gains-Transfer of shares by a series of transactions-Assessee has the right to arrange matters legally to avoid tax Tribunal right in holding that the transactions are genuine. [S. 49(1)(e)(xiii)]

Carbon and Chemicals (India) Ltd. v. CIT (2021) 433 ITR 14 (Ker.) (HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Tax deducted and interest not refunded-Cannot be assessed as cessation of liability. [S. 41 (1)(a)]

PCIT v. Lenovo India Pvt. Ltd. (2021) 433 ITR 117 203 DTR 306/ 280 Taxman 72/ 323 CTR 723 (Karn.)(HC)

S. 37(1) : Business expenditure-Provision for warranty on scientific basis-Allowable as deduction-Payment of market support fee and transmission fee for smooth running of business-Allowable as revenue expenditure.

PCIT v. HCL Comnet Systems and Services Ltd. (2021) 433 ITR 251 (Delhi)(HC)

S. 37(1) : Business expenditure-Capital or revenue-Licence fee paid to Department of Telecommunications is allowable as revenue expenditure-Loan for revenue purposes-Fluctuation loss-Allowable in year of increase in rate-Question cannot be raised even without taking in the grounds raised before the High Court. [S. 260A]

PCIT v. Miele India Pvt. Ltd. (2021) 433 ITR 286 / 281 Taxman 10/ 203 DTR 65/ 322 CTR 828 (Delhi)(HC)

S. 37(1) : Business expenditure-Setting up and commencement of business-lease deed executed-Business set up-Pre-Operative expenses allowable.

Coffeeday Global Ltd. v. Add. CIT (2021) 433 ITR 321 / 202 DTR 217/ 322 CTR 336 (Karn.)(HC) PCIT v. Amalgamated Bean Coffee Trading Co. Ltd. (2021) 433 ITR 321 / 202 DTR 217/ 322 CTR 321 (Karn.)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Presumption that investment was made from interest-free funds-Disallowance of interest is held to be not justified-Expansion and Extension of business-Proviso to Section 36(1)(iii) applies only to extension of business-Proviso does not have retrospective operation-Res judicata is not applicable to income tax proceedings but principle of consistency must be followed.

CIT(LTU) v. Lakshmi General Finance Ltd. (2021) 433 ITR 94/ 282 Taxman 82 (Mad.)(HC)

S. 32 : Depreciation-Windmill-Generated a small amount of electricity-Entitle to depreciation.

PCIT v. HCL Comnet Systems and Services Ltd. (2021)433 ITR 251 (Delhi) (HC)

S. 14A : Disallowance of expenditure-Exempt income-Only to the extent of expenses incurred in relation to exempt income [R.8D]

PCIT v. EWS Finance & Investments Pvt. Ltd. (2021) 433 ITR 23 (Mad.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance not to exceed exempt income. [R. 8D]

Nandi Steels Ltd v ACIT (2021) 320 CTR 432 / 201 DTR 37 (Karn.)(HC)

S. 14A : Sufficient interest free funds available-investment are presumed to be out of interest free funds-only those investments to be considered which yield exempt income for the purpose of calculation. [R. 8D(2)(ii)]