Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DCIT v. Great Eastern Energy Corporation Ltd. (2022) 193 ITD 404 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Annual share listing fees paid to stock exchange-Allowable as revenue expenditure-Community development donation-Allowable as business expenditure.

Peninsula Land Ltd. v. DCIT (2022) 193 ITD 366 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Real estate business-Expenses for certification work, management consultancy, fees for appearance before Tax Authorities and company secretarial work as professional fee-Allowable as deduction.

Meena Circuits (P.) Ltd. v. ACIT (2022) 193 ITD 318 (Ahd.) (Trib.)

S. 37(1) : Business expenditure-Professional fees-Prior period expenditure-Expenses pertaining earlier year-Crystallized during the year-Allowable as deduction-Commission payable-Expenses pertaining to earlier year-Not allowable as deduction. [S. 145]

ACIT v. People Strong HR Services (P.) Ltd. (2022) 193 ITD 105 (Delhi)(Trib.)

S. 37(1) : Business expenditure-ESOP Scheme-Discount on shares allotted by assessee to its employee under ESOP Scheme is revenue expenditure.

Meena Circuits (P.) Ltd. v. ACIT (2022) 193 ITD 318 (Ahd.)(Trib.)

S. 36(1)(vii) : Bad debt-Unutilized CENVAT and Service Tax credit-Not allowable as bad debt-Failure to establish irrecoverable during year under consideration the amount not allowable as business loss. [S. 28(i), 36(2), 37(1)]

Khyati Chemicals (P.) Ltd. v. DCIT (OSD) (2022) 193 ITD 446 (Ahd.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Land-Interest cost on capital asset-Not put to use-Not allowable as revenue expenditure. [S. 43(1)]

Peninsula Land Ltd. v. DCIT (2022) 193 ITD 366 (Mum.)(Trib.)

S. 35DDA : Amortisation of expenditure-Voluntary retirement scheme-Slump sale-Allowable as deduction. [S. 50B]

Taj GVK Hotels & Resorts Ltd. v. ACIT (2022) 193 ITD 304 (Hyd.)(Trib.)

S. 35AD : Deduction in respect of expenditure on specified business-Hotel-The assesseee need not to construct entire building by itself or own building and land-Eligible deduction on the amount spent in the part of construction of building. [S. 35AD(4)]

Mercedez-Benz India (P.) Ltd. v. DCIT (2022) 193 ITD 624 (Pune)(Trib.)

S. 35AB : Know-how-Technical know-how-Allowed in initial year-Balance of claim in succeeding 5 years should be allowed as deduction without adjudicating on admissibility of claim.

DCIT v. National Engineering Industrial Ltd. (2022) 193 ITD 420 (Kol.)(Trib.)

S. 32 : Depreciation-Additional depreciation-Put to use in earlier year-20 per cent of actual cost of plant or machinery-Put to use less than 180 days-50 percent of additional depreciation allowable. [S. 32(1)(iia)]