Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Tirupati Procon Pvt. Ltd. v. ITO (2021) 85 ITR 76 (SN)(Delhi) (Trib)

S. 36(1)(iii) :Interest on borrowed capital -Borrowed funds used for investment in shares for business purposes —Allowable as deduction [ S.37 (1) ]

Natural Remedies Pvt. Ltd. v. ACIT (2021)85 ITR 28 ( (SN) / 212 TTJ 261/ 203 DTR 91 (Bang) (Trib)

S. 35 : Scientific research – Approval by department of Scientific and Industrial Research — No provision at relevant time requiring approval of expenses by department of scientific and industrial research – Amendment is not retrospective as it introduces additional condition and affects substantive rights of assessee – Delay of filing of appeal due to Covid- 19 Pandemic , was condoned . [ S. 35(2AB, 37 (1) )

Shri Anant Steel Pvt. Ltd. v. ITO (2021)85 ITR 60 (SN)(Delhi) (Trib)

S. 28(i) : Business loss – Goods lost due to burning — Estimate made per consumption and production of goods accurate — Addition made on estimate basis rejected . [ S.143 (3) ]

United Telelinks (Bangalore) Ltd. v. Dy. CIT (2021) 85 ITR 36 (SN)(Bang) (Trib)/ACIT v. MVL Credits Holdings and leasing Ltd ( 2021 ) 92 ITR 373 ( Delhi ) ( Trib )

S .14A : Disallowance of expenditure – Exempt income – Not recording of satisfaction – Disallowance was restricted to sum claimed by assessee .[ R.8D ]

Sudhir S. Mehta v. Dy. CIT (2021) 85 ITR 8 (SN)(Mum) (Trib)

S .14A : Disallowance of expenditure – Exempt income – Interest – Interest paid on loans to be set off against interest income from term deposits [ R.8D ]

Lad Shakhiya Wani Samaj Kalyan v. CIT(E) (2021)85 ITR 57 (SN)(Pune) (Trib) Shikshan Prasarak Mandal v. CIT(E) (2021)85 ITR 57 (SN)(Pune) (Trib)

S. 12AA : Procedure for registration –Trust or institution- Non-payment of taxes not a criteria for denial of registration – Registration is directed to be granted .[ S. 11(1)(d), 12A, 139(4A )] S. 12AA : Procedure for registration –Trust or institution- Non-payment of taxes not a criteria for denial of registration – Registration is directed to be granted .[ S. 11(1)(d), 12A, 139(4A )]

Bgsal CF Try v .CIT(E) (2021) 85 ITR 51 ( (SN)(Jaipur) (Trib)

S. 12AA : Procedure for registration –Trust or institution-Functioning from Temple premises – Matter remanded – Time limit for passing order granting approval — Period of six months to be calculated from end of month in which application received — Order with in limitation period [ S. 2(15), 80G R. 11AA ]

Amrapali Exports v. Dy. CIT (2021) 85 ITR 48 (SN)(Jaipur ) (Trib)

S. 10AA : Special economic zones – Additions- Bogus purchases — Enhanced profits- Eligible for deduction

ACIT (E) v. India International Centre (2021) 85 ITR 54 (SN) (Delhi) (Trib)

S. 10 (23C): Educational institution- Providing accommodation and food and beverages, Etc – Not commercial activities – Entitle to exemption [ S. 2(15), 10 (23C) (iv) ]

Sumati Gems v. Dy. CIT (2021) 85 ITR 579 (Jaipur)(Trib.)

S. 271AAB : Penalty-Search initiated on or after 1st day of July 2012-Undisclosed income-Surrendering additional business income-Levy of penalty at 10 Per Cent. on undisclosed income-No further appeal filed against order-Penalty justified-Difference in valuation-Not undisclosed income-Levy of penalty is not justified. [S. 132(4), 153B(1)(b)]