S. 37(1) : Business expenditure–Capital or revenue-Legal and professional expenses-Litigation expenses -Buy back of shares– Allowable as revenue expenditure.
PCIT v. Bayer Vapi (P) Ltd. (2019) 264 Taxman 182 (Guj.)(HC)S. 37(1) : Business expenditure–Capital or revenue-Legal and professional expenses-Litigation expenses -Buy back of shares– Allowable as revenue expenditure.
PCIT v. Bayer Vapi (P) Ltd. (2019) 264 Taxman 182 (Guj.)(HC)S. 32 : Depreciation–Purchase of business on slump sale- Intangible assets and marketing rights-Depreciation is allowable- Not a related concern-Provisions of S. 40A(2)(b) of the Act cannot be applied. [S. 40A(2)]
PCIT v. Bayer Vapi (P) Ltd. (2019) 264 Taxman 182 (Guj.)(HC)S. 28(i) : Business loss-Speculative transaction–Damages–Palm oil-Damages paid for not honouring commitments to take delivery against some purchase orders placed on foreign sellers– Allowable as business loss – Not speculative loss. [S. 43(5)]
CIT v. Ambo Agro Products (P.) Ltd. (2018) 257 Taxman 156 (Cal.) (HC) Editorial : SLP of revenue is dismissed, CIT v. Ambo Agro Products (P.) Ltd. (2019) 264 Taxman 167 (SC)S. 14A : Disallowance of expenditure-Exempt income-In absence of any exempt income disallowance cannot be made. [R. 8D]
PCIT v. GVK Project and Technical Services Ltd. (2019) 106 taxmann.com 180 / 264 Taxman 77 (Delhi)(HC) Editorial: SLP of revenue is dismissed, PCIT v. GVK Project and Technical Services Ltd. (2019) 264 Taxman 76 (SC)S. 11 : Property held for charitable purposes-Depreciation- Application of income – Eligible depreciation. [S. 32]
DIT v. Society for Applied Microwave Electronic Engineering & Research. (2019) 106 taxmann.com 203 / 264 Taxman 82 (Bom.) (HC) Editorial: SLP of revenue is dismissed, DIT v. Society for Applied Microwave Electronic Engineering & Research. (2019) 264 Taxman 81 (SC)/413 ITR 317 (St.)(SC)S. 10(26B) : Schedule castes or schedule Tribes–Housing scheme for benefit and welfare of employees of Police department, Government of Arunachal Pradesh-All persons of Police Department are not belonging to Scheduled Castes, Schedule Tribes or other backward classes- Not eligible for exemption.
Arunachal Police Housing And Welfare Corporation Ltd. v. CIT (2019) 264 Taxman 160 / 307 CTR 543 / 175 DTR 358 (Gauhati) (HC)S. 4 : Charge of income-tax-Capital or revenue-Foreign exchange fluctuation gain-Business not commenced-Profits or gains arising out of fluctuation of foreign exchange rate would be capital in nature-Revision is held to be not justified. [S. 4, 28(i), 263]
PCIT v. Coastal Gujarat Power Ltd. (2019) 264 Taxman 244 (Bom.)(HC) Editorial: SLP of Revenue dismissed , PCIT v. Coastal Gujarat Power Ltd. (2022) 287 Taxman 183/ 113 CCH 154 (SC)S. 2(22)(e) : Deemed dividend-Substantial share holding–Sale of flat and a major portion of price remained unpaid by end of previous year–justified in treating said amount as deemed dividend. [S. 260A]
Bhagavathy Velan v. DCIT (2019) 264 Taxman 146/ 187 DTR 364/ 315 CTR 118 (Mad.)(HC)S. 2(14)(iii) : Capital asset-Agricultural land- Classified as dry land for which Kishtu had been paid- Adjacent land was divided into plots for sale cannot be the ground to reject the claim of the assessee. [S. 45, 260A]
CIT v. Venkateswara Hospital (2019) 106 taxmann.com 282 / 264 Taxman 90 (Mad.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Venkateswara Hospital. (2019) 264 Taxman 89 (SC)S. 271C : Penalty-Failure to deduct at source-Regular delays on part of assessee in depositing tax deducted at source-Levy of penalty is held to be justified. [S. 273B]
CIT v. Eurotech Maritime Academy (P.) Ltd. v. CIT (TDS) (2019) 415 ITR 463 / 106 taxmann.com 86 / 264 Taxman 22 (Ker.) (HC) Editorial: SLP is granted to the assessee, Eurotech Maritime Academy (P.) Ltd. v. CIT (TDS) (2019) 264 Taxman 21//411 ITR 37 (St) (SC)