S. 37(1) : Business expenditure-Capital or revenue-Manufacture of yarn-Replacement of old machinery by purchase and installation of new machinery-Not allowable as revenue expenditure.
CIT v. Kongarar Spinners Ltd. (2019) 415 ITR 103 (Mad.)(HC)S. 37(1) : Business expenditure-Capital or revenue-Manufacture of yarn-Replacement of old machinery by purchase and installation of new machinery-Not allowable as revenue expenditure.
CIT v. Kongarar Spinners Ltd. (2019) 415 ITR 103 (Mad.)(HC)S. 37(1) : Business expenditure—Commission paid to persons who have referred the students–Disallowance of 50% of commission is held to be justified.
Malti Gupta (Smt.) v. CIT (2019) 415 ITR 168 (P&H)(HC)S. 28(i) : Business Loss-Embezzlement of cash by director- Recovery of amount or outcome of pending criminal prosecution against director before Metropolitan Magistrate is irrelevant– Allowable as deduction. [S. 36(2), 37(1)]
PCIT v. Saravana Selvarathnam Trading And Manufacturing Pvt. Ltd. (2019) 415 ITR 146 (Mad.)(HC)S. 28(i) : Business loss-Bank guarantee-Loss due to encashment of bank guarantee is allowable as business loss.
CIT v. Chandragiri Construction Co. (2019) 415 ITR 63 (Ker.) (HC)S. 12AA : Procedure for registration–Trust or institution-Execution of contract with Railways for cleaning coaches is not charitable purpose-Employment of poor persons would not make it charitable-Cancellation of registration is justified.[S. 2(15)]
Mahatma Gandhi Charitable Society v. CIT (2019) 415 ITR 27/ 176 DTR 41/ 308 CTR 406 (Ker.)(HC)S. 11 : Property held for charitable purposes-Amount spent on acquisition of capital assets – Allowed as deduction-Depreciation on such assets is also allowable. [S. 32]
CIT v. Manipal Academy of Higher Education. (2019) 415 ITR 361 (Karn.)(HC)S. 10B : Export oriented undertakings-Manufacture or production- Conversion of benzarone crude to benzarone pure constitutes manufacture-Entitled to exemption-Conversion of benzarone crude to BFX-P is not manufacture-Not entitled to exemption.
PCIT v. Tonira Pharma Ltd. (2019) 415 ITR 503/ 182 DTR 185/ 311 CTR 218 (Guj.)(HC)S. 10A : Free trade zone–Export through third party-Entitle to deduction.
PCIT v. Broadcom India Pvt. Ltd. (2019) 415 ITR 380 (Karn.)(HC)S. 5 : Scope of total income–Accrual-Method of accounting- Amount retained under contract to ensure there are no defects in execution of contract–Amount retained did not accrue hence cannot be taxed on accrual basis. [S. 145]
CIT v. Chandragiri Construction Co. (2019) 415 ITR 63 (Ker.) (HC)S. 183 : Payment of tax–Failure to pay third instalment – Rejection of application was held to be not justified – Permitted assessee to deposit tax under Income Declaration Scheme belatedly subject interest @ 12%. [IDS, S. 196 IT Act, 119(2)]
Dal Chandra Rastogi v. CBDT (2019) 264 Taxman 83 (SC) Editorial: Order of High Court is reversed, Siddharth Rastogi v. CBDT (2018) 402 ITR 17/ 301 CTR 545 / 163 DTR 449 (Delhi) (HC) Dal Chandra Rastogi v. CBDT (2018) 402 ITR 17/ 301 CTR 545 / 163 DTR 449 (Delhi) (HC) Meena Rastogi v. CBDT (2018) 404 ITR 97 / 301 CTR 548 / 163 DTR 452 (Delhi) (HC)