Month: July 2018

Archive for July, 2018


Atul Kumar Garg HUF and ors ( 2018) 64 ITR 72 (SN) (Lucknow) ( Tri)

S. 50C : Capital gains – Full value of consideration – Stamp valuation -Property was tenanted and Court cases were pending , certain portion to be taken over by authority for road widening -Objections of the assessee was not dealt with authorities – Addition on account of difference in stamp valuation and sale deed is held to be not valid .[ S.45 ]

CIT v. Ahmedabad Strips P. Ltd. (2018) 64 ITR 683 (Ahd) (Trib)

S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable -Payment of interest on unsecured loans at rates between 15 % an 18% can not be held to be excessive.

CIT v. Ahmedabad Strips P. Ltd. (2018) 64 ITR 683 (Ahd) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source – Payee in its return disclosing payment received, no disallowance can be made for failure to deduct tax at source – Second proviso to S.40(a) of the Act is to be read as applicable with retrospective effect.

Dy CIT v. Amar Brothers Global P. Ltd (2018) 64 ITR 69 (SN)( Lucknow) ( Trib)

S.37(1): Business expenditure- Lease hold premises – Repairs and maintenance – Order of CIT(A) lacked quasi -Judicial investigation and analysis fair to both the assessee as well as the department- Repair and maintenance expenses and business promotion expenses- Matter was remanded to CIT(A) for fresh adjudication .

CIT v. Kiran Gems Pvt. Ltd. (2018) 64 ITR 689 (Mum) (Trib)

S. 36(1)(iii) :Interest on borrowed capital – Own funds more than investment- Disallowance of interest cannot be made.

CIT v. Ahmedabad Strips P. Ltd. (2018) 64 ITR 683 (Ahd) (Trib)

S.32: Depreciation — Additional depreciation — Lab Equipment and Electrical Items is essential for manufacturing process which is entitled to additional depreciation [ S.32(1)(iii) ]

CIT v. Ahmedabad Strips P. Ltd. (2018) 64 ITR 683 (Ahd) (Trib)

S. 32 : Depreciation -Motor Car — Company purchasing car in name of its manager which is used for the purpose of its business is entitle to depreciation.

Toshiba Embedded Software (India) Pvt. Ltd. v. DCIT (2018) 64 ITR 675 (Bang) (Trib)

S.28(i):Business loss — Fluctuation in foreign exchange loss — Derivative Contracts —Actual contract for sale of Merchandise is not speculative transaction is deductible.[ S.43(5) ]

CIT v. Kiran Gems Pvt. Ltd. (2018) 64 ITR 689 (Mum) (Trib)

S.28(1): Business loss — Forward and derivative contracts — gains on account of foreign exchange difference — Marked to Market Loss-Matter remanded for actual verification of entries in the books of account . [ S.37(1) ]

Toshiba Embedded Software (India) Pvt. Ltd. v. DCIT (2018) 64 ITR 675 (Bang) (Trib)

S. 10A : Free trade zone – Communication charges and travelling and conveyance expenses is to be excludible both from export turnover and total turnover – Interest earned on fixed deposits is part of business income which is deductible.