S. 28(i) : Business income-Agricultural income-Apportionment AO is directed to recompute disallowance and only 40% amount to be added to business income. [S. 2(24)(x), 36(1))(v),R. 8(1)]
Hanuman Plantations Ltd. v. ITO (2023)104 ITR 78 (Kol) (Trib)S. 28(i) : Business income-Agricultural income-Apportionment AO is directed to recompute disallowance and only 40% amount to be added to business income. [S. 2(24)(x), 36(1))(v),R. 8(1)]
Hanuman Plantations Ltd. v. ITO (2023)104 ITR 78 (Kol) (Trib)S. 23 : Income from house property-Annual value – Stock in trade-No addition can be made on account of deemed rent on unsold flats held as stock in trade. [S. 22, 23(4), 23(5)]
Dugad Properties v. DCIT (2023) 103 ITR 65 (SN) (Pune) (Trib.)S .23 : Income from house property-Annual value-No deemed or Notional Rental Income for the properties held as Stock in Trade.[S. 22, 23(5)]
Modern Abodes Pvt. Ltd. v. ITO (Mum)(Trib.) (UR)S. 22 : Income from house property – taxed as house property for many years-No change in facts-Cannot be treated as income from business and profession. [S.28(i)]
Pawa Builders Pvt. Ltd. v. Dy. CIT (2023)101 ITR 43 (SN.)(Delhi) (Trib)S. 17(3) :Salary-Profits in lieu of salary-Ex-gratia –Voluntary payment-Without establishing letter as non-genuine or without examining sanctity of payment made – Addition is not justified .[S. 10(10C), 15,17(3)(iii)]
Mahadev Vasant Dhangekar v. ACIT (2023) 201 ITD 5/ 224 TTJ 1 (UO) (Pune)(Trib.)S. 14A : Disallowance of expenditure-Exempt income-No exempt income – Disallowance cannot be made-Amendments to section 14A by Finance Act, 2022-No retrospective effect. [R. 8D]
DCIT v. Welspun Steel Ltd (Mum)(Trib)S. 14A : Disallowance of expenditure-Exempt income-No exempt income – Disallowance cannot be made-Amendment made by Finance Act, 2022 to section 14A by inserting a non-obstante clause and Explanation will take effect from 1-4-2022 and cannot be presumed to have retrospective effects.[R.8D]
ACIT (LTU) v. Tamilnadu Petroproducts Ltd. (2023) 103 ITR 92 (SN) (Chennai)(Trib)S. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot exceed exempt income-Amendment introduced by Finance Act, 2022, is prospective.[R.8D]
Radison Projects Pvt. Ltd v ITO (2023) 103 ITR 17 (SN)(Kol) (Trib)S. 14A : Disallowance of expenditure-Exempt income-No fresh investments towards mutual funds made in current year-Disallowance is not valid. [R.8D]
DCDC Health Services P. Ltd. v. ACIT (2023) 105 ITR 60 (Delhi) (Trib)S .14A : Disallowance of expenditure-Exempt income-Disallowance of expenditure cannot exceed exempt income earned .[R.8D]
ABCI Infrastructure P. Ltd. v. ACIT (2023) 154 taxmann.com 397 /104 ITR 95 (Guwahati) (Trib)