Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Honda Motorcycle and Scooter India (P.) Ltd. v. DCIT (2021) 187 ITD 264 (Delhi)(Trib.)

S. 37(1) : Business expenditure-CSR-Allowable as business expenditure-Penalty- Composition fee paid for regularising deviation in building structure was allowable as revenue expenditure-Capital or revenue-Repairs and maintenance of plant and machinery-Allowable as revenue expenditure-Acquisition of chairs-Capital expenditure-Advertisement expenses-Signage for display of name of Company at dealer’s premises-Expenditure to extent shared is allowable as revenue expenditure-Sales tools/fixtures-Allowable as revenue expenditure-Lumpsum royalty-Additional ground-Capitalised in books-Claimed in return-Allowable as revenue expenditure. [S. 32]

Gem Electro Mechanicals (P.) Ltd. v. ACIT (2021) 187 ITD 361 (Jaipur)(Trib.)

S. 37(1) : Business expenditure-Delayed payment of sales tax-non collection of Form No C from buyers-Not in nature of penalty, allowable as deduction.

Dy. CIT v. Dee Development Engineers ltd. (2021) 87 ITR 38 (SN) (Delhi)(Trib.)

S. 37(1) : Business Expenditure-Sales promotion and diwali expenses are held to be allowable as business expenditure.

Dy. CIT v. Dee Development Engineers ltd. (2021) 87 ITR 38 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Corporate social responsibility expenditure, change of law-Expenses prior to amendment prohibiting deduction not to be disallowed. (Expln. 2)

Dy. CIT v. EIH Associated Hotels Ltd. (2021) 87 ITR 5 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Staff welfare expenses, staff recruitment expenses, expenses pertaining to employees meals on duties, medical expenses, medical insurance, uniform expenses are incidental to carrying on business-Expenditure wholly and exclusively for purpose of business is allowable.

Dy.CIT v. EIH Associated Hotels Ltd. (2021) 87 ITR 5 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Advertisement-details furnished in respect of two out of three units-Disallowance restricted to 2 per cent. of estimate.

Dy. CIT v. EIH Associated Hotels Ltd. (2021) 87 ITR 5 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Advances given to subsidiary-Advance made as a measure of commercial expediency-Interest is allowable.

Dy. CIT v. EIH Associated Hotels Ltd. (2021) 87 ITR 5 (SN) (Mum.)(Trib.)

S. 37(1) : Business Expenditure-Investment in shares only 11 Per Cent of own funds, no proportionate disallowance of interest warranted.

Dy.CIT v. Sisecam Flat Glass India Ltd. (2021) 87 ITR 1 (SN) (Kol.)(Trib.)

S. 37 (1) : Business expenditure-Interest rate hedging contract-Underlying transaction was interest payable on loan-loss or gain from interest rate swap arrangement is allowable as revenue expenditure.

UHDE India (P) Ltd. v. ACIT (2021) 190 ITD 777/ 211 TTJ 339 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Major renovation-Expenditure on repairs & renovation of office premises held to be allowable as business expenditure. [S. 30]