S. 32 : Depreciation-Intangible-Right to collect toll is an intangible asset-Entitle for depreciation at 25%.
BSC C & C Krunnli Toll Road Ltd. v. DCIT (2021) BCAJ-July-P. 49 (Delhi)(Trib.)S. 32 : Depreciation-Intangible-Right to collect toll is an intangible asset-Entitle for depreciation at 25%.
BSC C & C Krunnli Toll Road Ltd. v. DCIT (2021) BCAJ-July-P. 49 (Delhi)(Trib.)S. 24 : Income from house property-Deductions-Property co habited as let out-Interest on borrowed capital-Eligible deduction. [S. 22, 23]
Hima Bindu Putta v. ITO (2021) BACJ-July-P. 50 (Hyd.)(Trib.)S. 23 : Income from house property-Annual value-Vacancy allowance-Deemed rent-Property which could not be let out during the year annual value would be nil. [S. 22, 23(1)(c), 24(a)]
Puruushotamdas Goenka v. ACIT (2022) BCAJ-January-P. 35 (Mum.)(Trib.)S. 23 : Income from house property-Annual value-Annual letting value of house property is to be determined on the basis of Municipal rateable value. [S. 22]
Anand J. Jain v. DCIT (2021) BCAJ-May-P. 50 (Mum.)(Trib.)S. 22 : Income from house property-Leasing of the property-Additional common facilities like, lift, security, fire-fighting system common area facilities, car parking terrace use, water supply etc-License fees and amenities fes-Assessable as income from house property and not as income from other sources. [S. 56]
ACIT v. XTP Design Furniture Ltd. (2021) BCAJ-May-P. 50 (Mum.) (Trib.)S. 4 : Charge of income-tax-Sale of FSI-Development Control Regulation (DCR)-Capital receipt-Not assessable as long term capital gains. [S. 2(24), 45]
Batliboi Ltd. v. ITO (2021) 62 CCH 160 (Mum.)(Trib.)Direct Tax Vivad Se Vishwas Act, 2020
S. 4 : Filing of declaration and particulars to be furnished – Tax arrears — Interest not excluded — Charge of interests – Rejection of declaration was held to be not valid – Delay was condoned and communication was issued – Rejection of declaration was held to be erroneous . [ ITACT , S. 234A, 234B , 234C , Art , 226 ]
Premlata Mohan Agarwal (Mrs.) v. PCIT (2021)439 ITR 268 /(2022) 284 Taxman 564 (Bom) (HC)S. 271(1)(c) : Penalty – Concealment – Alleged wrong claim of deduction – Claim was allowed – Deletion of penalty is held to be justified. [ S.. 10B ]
S. 271(1)(c) : Penalty – Concealment – Alleged wrong claim of deduction – Claim was allowed – Deletion of penalty is held to be justified. [ S.. 10B ]
PCIT v. Sesa Goa Ltd. (2021)439 ITR 188 /132 taxmann.com 42 ( Panji Bench ) (Bom) (HC))S. 269UD : Purchase by Central Government of immoveable properties –Transfer of property by charitable Trust – Sanction of Charity Commissioner should be taken in to account – Adequate opportunity was not given – Notice and pre -Emptive purchase was held to be not valid . [ S. 269UC, 269UL, Bombay Public Trust Act, 1950, S. 36, Art , 226 ]
Jugal Kishore Jajodia v. S. C. Prasad, Chief Engineer (2021)439 ITR 132 /( 2022) 286 Taxman 66 (Bom) (HC)S. 268A : Appeal – Instructions- Issue involved having cascading effect – Fee-Default in furnishing the statements- Does not fall with any criteria prescribed in clause 10 of Circular No 3 of 2018 dated July , 11, 2018 ( 2018 ) 405 ITR 29 (St) , as amended by circular dated August 20 , 2018 ( 2018) 407 ITR 7(St) – Alternative remedy – Writ against the order of Tribunal deleting the addition is held to be not maintainable – [ S. 234E, 254(1) , 260A, 268A(4) Art , 226 ]
CIT v. Emsons Exim Pvt. Ltd. (2021)439 ITR 607/ (2022) 209 DTR 466/ 326 CTR 96 (Bom) (HC)