Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Maker Tower Premises Co. Op. Society Ltd. v. ACIT (2021) 187 ITD 653 (Mum.)(Trib.)

S. 22 : Income from house property-Renting of terrace for installation of antenna tower was taxable as income from house property and not as income from other sources. [S. 56]

Kumar Properties and Real Estate P. Ltd. v. Dy.CIT (2021) (2021) 190 ITD 212 / 87 ITR 169 (SN)/ 212 TTJ 227/ 202 DTR 425 (Pune) (Trib.)

S. 22 : Income from house property-Deemed rent on unsold flats lying as inventory-Not taxable as income from house property-The amendment in Finance Act, 2017 w.e.f. 1 April 2018 is prospectively applicable from AY 2018-19 onwards. [S. 23]

Maker Tower Premises Co. Op. Society Ltd. v. ACIT (2021) 187 ITD 653 (Mum.)(Trib.)

S. 22 : Income from house property-Rent-From installation of antenna tower on the terrace assessable as income from house property and not as income from other sources-Deduction allowable as per S. 24(a) of the Act. [S. 24(a), 56]

Vivimed Labs Ltd. v. DCIT (2021) 187 ITD 665 (Hyd.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-No disallowance can be made when exempt income earned during the year-No addition of disallowance under section 14A is called for while computing income under section 115JB of the Act. [S. 115JB, R. 8D]

DCIT v. Century Plyboards (I) Ltd. (2021) 187 ITD 35 (Kol.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Own interest free funds in the form of share capital and free reserve-Interest disallowance is not justified. [R. 8D]

Doha Bank QSC v. DCIT (2021) 187 ITD 125 / 209 TTJ 716 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Netting of interest expenditure. [R. 8D]

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

S. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot exceed amount of exempt income. [R. 8D]

Kumar Properties and Real Estate P. Ltd. v. Dy.CIT (2021) 190 ITD 212 / 87 ITR 169 (SN)/ 212 TTJ 227/ 202 DTR 425 (Pune) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Share of loss from the firm-No disallowance can be made if no exempt income is earned. [R. 8D]

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

S. 14A : Disallowance of expenditure-Exempt income-No exempt income earned during year-No disallowance can be made. [R. 8D]

Dy. CIT v. Aligarh Development Authority (2021) 87 ITR 82 (SN) (Delhi)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Accumulation of income-Applied more than 85 per cent. of total income towards charitable purposes-Registration granted by commissioner validly in operation-Form filed requesting for carry forward of amount for utilization in subsequent years, request for carry forward of amount for utilization in subsequent years-Entitled to exemption. [S. 11, 12]