Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT v. MBL Infrastructure Ltd. (2020)78 ITR 156 (Kol) (Trib)

S. 35D : Amortisation of preliminary expenses – Capital raised for investment in capital equipment, working capital requirement, general corporate purposes – Expenses for extension of undertaking — Allowable. [ S. 35D(2)(c)(iv)]

Incap Contract Manufacturing Services Pvt. Ltd. v. Dy. CIT (2020)78 ITR 130 ( Bang) (Trib)

S. 32 : Depreciation – Customer relationship rights —Non-compete fees akin to any other business or commercial rights — Depreciation allowable- Cannot take benefit of new claim in reassessment proceedings . [S. 32(1)(ii), 147 ]

Lakshmi Machine Works Ltd. v. Add. CIT (2020)78 ITR 398 (Chennai ) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – No Disallowance of expenses relating to dividend received from foreign companies taxable in India and offered to tax – Strategic investments or investments in subsidiary companies or group or associated companies in India or companies promoted by assessee — Includible in disallowance — Disallowance not to exceed exempt income [ R.8D(2)(iii) ]

Darashaw And Co. Pvt. Ltd. v. Dy. CIT (2020)78 ITR 553 ( Mum) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Sufficient interest free funds – No disallowance could be made [ R.8D ]

Wilsonia West End School Society v. CIT (2020)78 ITR 93 ( Delhi ) (Trib) Wilsonia Degree College Society v. CIT (2020)78 ITR 93 ( Delhi ) (Trib) Wilsonia College Society v. CIT (2020)78 ITR 93 ( Delhi ) (Trib)

S. 12A : Registration –Trust or institution- Education – Entitled to Registration [ S.2(15), 12AA ]

A. Shama Rao Foundation v. ACIT (2020)78 ITR 374 (Bang (Trib)

S. 11 : Property held for charitable purposes – Application of income – Cost of acquisition of assets allowed as application of income —Cannot claim exemption on account of repayment of loan as application of income .

Popular Estate Management Ltd. v. Dy. CIT (2020)78 ITR 261 ( Ahd) (Trib)

S. 4 : Charge of income-tax -Capital or revenue – Real estate development – Compensation for relinquishment of right to sue societies for breach of contract capital receipt not taxable as capital gains or business income [ S. 2(24) 28(i) , 45 ]

Dy. CIT v. BSL Ltd. (2020)78 ITR 348/ 183 ITD 675 (Kol) (Trib)

S. 4 : Charge of income-tax – Capital or revenue – Interest subsidy – Technology upgradation fund scheme- Encourage capital investment by eligible unit in form of specified machinery- The AO is directed to verify issue of utilisation of amount of subsidy. [ S.28(i), 254(1) ]

Sanghamitra Pattnaik (Smt.) v. ITO (2020) 79 ITR 46 (SN) / 117 taxmann.com 179( Cuttack ) (Trib)

S. 271A : Penalty – Failure to keep maintain – Retain books of accounts –Documents – Failure to produce books of account – Levy of penalty is held to be justified .[ S.44AA, 273B ]

Vimalaben B. Patel ( Smt.) v. ITO (2020) 79 ITR 25 (SN) (Pune ) (Trib)

S. 271(1)(c) : Penalty – Concealment – Penalty initiated under both limbs – Penalty levied for concealment of income – Levy of penalty is held to be not valid .