Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Adani Agro (P) Ltd. (2020) 273 Taxman 430 (Guj.)(HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Outstanding for more than three years-Addition cannot be made as cessation of liability.

CIT v. Archean Granites (P) Ltd. (2020) 273 Taxman 511 (Mad.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Amendment made to section 40(a)(ia) by Finance Act, 2010 inserting proviso therein would apply retrospectively with effect from assessment year 2005-06.

PCIT v. VVF Ltd. (2020) 273 Taxman 503 (Bom.)(HC)

S. 37(1) : Business expenditure-Wholly and exclusively-Remuneration paid to promoter-Director-Consultation-Allowable as deduction though not attended the office for six years.

Pandian Hotels Ltd. v. Dy.CIT (2020) 273 Taxman 256 (Mad.)(HC)

S. 37(1) : Business expenditure-Capital or revenue-Hotel business-Renovation and repair of hotel rooms is allowable as revenue expenditure.

Hajee A.P. Bava and Company Const. (P.) Ltd. v. ACIT (2020) 272 taxman 230 (Karn.)(HC)

S. 36(1)(vii) : Bad debt-Income offered as income-Reduced from asset side of balance sheet-Order was set aside. [S. 36(2)]

Microlabs Ltd. v. ACIT (2020) 273 Taxman 434 (Karn.)(HC)

S. 35 : Scientific research-No product was manufactured in a particular unit-Allocation of expenses is held to be not justified-Research and development-Capital expenditure towards research and development R & said expenditure was to be excluded from toil capital expenditure while allowing expenditure on R & D units.

Dy. CIT v. Tata Power Delhi Distribution Ltd. (2020) 273 Taxman 56 (Delhi) (HC)

S. 28(i) : Business income-Electricity company-Electricity distribution-Efficiency gain amount which was not refunded to customers, said surplus fund being at disposal of State Electricity Regulatory Commission, could not be included in business profit. [S. 4]

PCIT v. Oriental Insurance Co. Ltd. (2020) 273 Taxman 527 (Delhi)(HC)

S. 4A : Disallowance of expenditure-Exempt income-Insurance Company-Provision not applicable-Ground not raised before the Tribunal cannot be argued before the High Court. [S. 44, 260 A]

FL Smidth (P.) Ltd. v. Dy. CIT (2020) 273 Taxman 441 (Mad.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Enhancement by the Assessing Officer-Considering the facts disallowance is held to be justified. [R. 8D]

Renault Nissan Technology & Business Centre India (P) Ltd. v. CIT (2020) 273 Taxman 414 (Mad.)(HC)

S. 10AA : Special economic zones-Export turnover-Expenses incurred in foreign currency not meant for rendering any services outside India, could not be excluded from export turnover.