S. 37(1) : Business expenditure-Derivative loss-Business loss-Mark-to-market basis-account Foreign exchange fluctuation-Mercantile basis-Allowable as deduction. [S. 28(i), 145]
PCIT v. Kesoram Industries Ltd. (2023) 291 Taxman 562 (Cal)(HC)S. 37(1) : Business expenditure-Derivative loss-Business loss-Mark-to-market basis-account Foreign exchange fluctuation-Mercantile basis-Allowable as deduction. [S. 28(i), 145]
PCIT v. Kesoram Industries Ltd. (2023) 291 Taxman 562 (Cal)(HC)S. 37(1) : Business expenditure-Education cess-Not allowable as deduction-As per Explanation 3 to the provision of section 40(a)(ii) inserted by Finance Act, 2022 with effect from 1-4-2005 surcharge or cess forms a part of ‘tax’ [S. 40(a)(ii)]
JCIT v. Chambal Fertilizers & Chemicals Ltd. (2023) 291 Taxman 438 (SC)S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts-Schedule bank-Deduction to be computed at rate of 7.5 per cent of total income-After setting off of brought forward losses. [S. 36(vii), 72]
DCIT v. Syndicate Bank (2022) 291 Taxman 166 (Karn) (HC)S. 32 : Depreciation-Software-Period of use was less than 180 days-Entitle only 30 percent depreciation.
K. Chandrashekar Praskash v. ACIT (2023) 455 ITR 751 /291 Taxman 217 (Karn)(HC)S. 32 : Depreciation-Activity of mining, mineral processing for exports, shipping etc. Amounted to production of iron-ore-Entitled for additional depreciation in respect of machinery used in mining.
PCIT v. Vedanta Ltd. (2023) 291 Taxman 205/(2022) 448 ITR 732 (SC) Editorial : PCIT v. Sesa Goa Ltd (2023) 146 taxmann.com 35 / 291 Taxman 229 (Bom)(HC)S. 14A : Disallowance of expenditure-Exempt income-Suo-moto disallowance-Recorded the dissatisfaction–Assessing Officer recomputed the amount at higher amount-Order of Tribunal affirming the disallowance was up held. [S. 10(34), R. 8D(2)(iii)]
H.T. Media Ltd. v. PCIT (2023) 291 Taxman 423/ 332 CTR 734/ 224 CTR 197 (Delhi)(HC)S. 14A : Disallowance of expenditure-Exempt income-Dividend income earned from the overseas entity-Included in the total income-No disallowance can me made-DTAA-India-Oman. [S. 90(2), R.8D, Art. 25]
PCIT v. IFFCO Ltd. (2023) 291 Taxman 493 (Delhi)(HC)S. 14A : Disallowance of expenditure-Exempt income-No exempt income was received or receivable during relevant previous year-Disallowance cannot be made-Amendment to section 14A is prospective.[R.8D]
PCIT v. Delhi International Airport (P.) Ltd. (2023) 291 Taxman 490 (Delhi)(HC)S. 10(37) : Capital gains-Agricultural land-Compensation received for acquisition land [Gujarat Town Planning and Urban Development Act, 1976 S. 107]
PCIT v. Urmi Nilesh Nagarsheth (2023) 291 Taxman 611 (Guj.)(HC)S. 4 : Charge of income-tax-Club-Principle of mutuality-Non-permanent members, non-life members, temporary or honorary members, they are not entitled to vote or offer themselves as candidates for any elective office, or have no right of disposal over the surplus-Principle of mutuality is applicable. [S. 2(24)]
Jubilee Hills International Centre v. ITO (2023) 457 ITR 70/291 Taxman 600/ 334 CTR 158 (Telangana) (HC)