Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Addlife Investments (P.) Ltd. v. DCIT (2021) 187 ITD 591/201 DTR 145 (Ahd.) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Business of investment in shares-Interest paid is allowable as deduction.

Trimurty Buildcon Pvt. Ltd. v. ITO (2021) 87 ITR 505 / 211 TTJ 249 /(2022) 209 DTR 322(Jaipur)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Amount of revenue generation does not, in any manner, affect the claim of deduction.

Addlife Investments (P.) Ltd. v. DCIT DCIT (2020) 84 ITR 343 / (2021) 187 ITD 591/ 211 TTJ 581(Ahd.) (Trib.)

S. 35D : Amortisation of preliminary expenses-Raising authorised capital-Eligible for deduction.

DCIT v. STP Ltd. (2021) 187 ITD 538 / 86 ITR 14 (Kol.)(Trib.)

S. 35 : Scientific research expenditure-Deduction could not be denied merely because prescribed authority failed to send intimation in Form 3CL in respect of expenditure incurred by R&D unit for relevant assessment year. [S. 35(2AB)]

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

S. 32 : Depreciation-Software-Capital or revenue-If assessee’s claim allowed, claim to depreciation for following year would become infructuous. [S. 37(1)]

WGF Financial Services Pvt. Ltd. v. CIT (2021) 87 ITR 14 (SN) (Delhi)(Trib.)

S. 28(1) : Business loss-Bad debt-Business of Financing and investing-Giving Guarantees was one of the object-Borrowers for whom guarantee given, defaulted and assessee repaid the loan amount-Assessee recovered partial amount from borrowers and balance unrecovered amount written off, was held allowable as business loss. [S. 36(2)]

Dy. CIT v. KEC International Ltd. (2021) 87 ITR 587 (Mum.)(Trib.)

S. 28 (i) : Business loss-loss on securities-Mark-to-Market loss-Unrealised foreign exchange loss allowable as business loss. [S. 37(1)]

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

S. 28(i) : Business income-Provision for carbon credit-No sale of carbon credits during year-provision for carbon credits inadvertently included in taxable income,-Remand report that provision written off in subsequent year and disallowed in assessment for that year-Provision not taxable. [S. 143(3), 145]

Dodla International Ltd. v. ACIT (2021) 187 ITD 693 (Chennai) (Trib.)

S. 28(i) : Business income-Licence to run the hotel along with fully furnished hotel-Assessable as business income and not as income from house property. [S. 22]

Indraprastha Shelters (P.) Ltd. v. DCIT (2021) 187 ITD 306 /212 TTJ 674/ 202 DTR 434(Bang.)(Trib.)

S. 24 : Income from house property-Deductions-Business of real estate-Interest-Amount borrowed for repayment of earlier loan-Allowable as deduction. [S. 22, 24(b)]