Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Albasta Wholesale Services Ltd. (2020) 117 taxmann.com 165 (Delhi)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Albasta Wholesale Services Ltd. (2020) 272 Taxman 105 (SC)

S. 37(1) : Business expenditure-Foreign exchange fluctuation loss-Loan to subsidiary-Allowable as business expenditure. [S. 28(i)]

CIT v. New Kenilworth Hotel (P.) Ltd (2020) 117 taxmann.com 109 (Cal.)(HC) Editorial : SLP of revenue is dismissed due to low tax effect, CIT v. New Kenilworth Hotel (P.) Ltd (2020) 272 Taxman 108 (SC)

S. 37(1) : Business expenditure-Capital or revenue-Hotel business-Lessee-Renovation expenses-Held to be revenue expenditure.

CIT v. New India Co. Op. Bank Ltd. (2020) 117 taxmann.com 127 (Bom.)(HC) Editorial : SLP of revenue is dismissed due to low tax effect, CIT v. New India Co. Op. Bank Ltd. (2020) 272 Taxman 435 (SC)

S. 37(1) : Business expenditure-Ex gratia payment to employees is held to be allowable as deduction on account of commercial expediency.

CIT v. Genus Overseas Electronics (2020) 117 taxmann.com 103 (Raj.)(HC) Editorial : SLP of revenue is dismissed due to low tax effect,, CIT v.. Genus Overseas Electronics (2020) 272 Taxman 22 (SC)

S. 37(1) : Business expenditure-Paid by account payee cheque-Held to be allowable though the purchaser has informed that no agent was involved in the contract.

PCIT v. E City Investments and Holdings Company (P.) Ltd. (2020) 117 taxmann.com 123 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. E City Investments And Holdings Company (P.) Ltd. (2020) 272 Taxman 90 (SC)

S. 36(1)(iii) : Interest on borrowed capital-Loan given to sister concern-Without charging interest-Disallowance of interest was held to be not valid.

PCIT v. Supreme Petrochem Ltd. (2020) 115 taxmann.com 221 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Supreme Petrochem Ltd. (2020) 275 Taxman 8 (SC)

S. 32 : Depreciation-Unabsorbed depreciation-Amalgamation-Unabsorbed depreciation of amalgamating company allowed to be set off against income of amalgamated company for assessment year 2008-09 i.e. beyond period of eight years [S.32].

CIT v. Bhima Sahakari Sakhar Karkhana Ltd. (2020) 121 taxmann.com 6 (Bom.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Bhima Sahakari Karkhana Ltd. (2020) 275 Taxman 390 (SC)

S. 32 : Depreciation-Unabsorbed depreciation-Carry forward and set off of-Unabsorbed depreciation loss for assessment year 1995-96 to be carried forward and set off against future profits beyond eight years holding that amendment by Finance Act, 2001 and CBDT Circular No. 14/2001 was applicable retrospectively. [S. 32 (2), 72]

PCIT v. Zydus Wellness Ltd. (2019) 112 taxmann.com 400 (Guj.) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Zydus Wellness Ltd. (2020) 269 Taxman 57 (SC) Followed CIT v. SMIFS Securities Limited, (2012) 13 SCC 488.

S. 32 : Depreciation-Goodwill-Held to be allowable.

CIT v. C.J Exports (2020) 121 taxmann.com 8 (Bom.)(HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect, CIT v. C.J Exports (2020) 275 Taxman 388 (SC)

S. 28(i) : Business loss-Foreign exchange forward contract loss-Allowable as business loss.

PCIT v. NTPC SAIL Power Co. (P.) Ltd. (2020) 117 taxmann.com 135 (Delhi)(HC) Editorial : SLP of revenue is dismissed due to low tax effect, PCIT v. NTPC SAIL Power Co. (P.) Ltd. (2020) 272 Taxman 92 (SC)

S. 28(i) : Business income-Income from other sources-Interest earned from surplus fund assessable as business income-Expenditure is held to be allowable as business expenditure. [S. 37 (1), 56, 260A]