Month: November 2018

Archive for November, 2018


CIT v. Vasantha Subramanian Hospitals Pvt. Ltd (2018) 408 ITR 176/ 258 taxman 396 / 172 DTR 423/( 2019) 307 CTR 569(Mad) (HC)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits -Deletion of addition by Tribunal on ground that expenditure negligible considering turnover of assessee -Matter Remitted to AO to redo assessment on consideration of related documents .

CIT v. Health India TPA Services P. Ltd. (2018) 408 ITR 34 (Bom) (HC) Editorial: Decision in ACIT v. Health India TPA Services P. Ltd ( 2014) 31 ITR 407 ( Mum)( Trib) is affirmed .

S. 40(a)(ia): Amounts not deductible – Deduction at source – Fees for professional or technical services – third party administrator for insurance companies – Payment through assessee- Not liable to deduct tax at source- No disallowances can be made [ S. 194J, 260A ]

CIT v. Dedicated Healthcare Services (TPA ) India Pvt. Ltd. (2018] 408 ITR 36/ 259 Taxman 192 / 304 CTR 937/ 170 DTR 345(Bom) (HC)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Fees for professional or technical services – third party administrator for insurance companies – Payment through assessee- Not liable to deduct tax at source- No disallowances can be made [ S. 194J, 260A ]

CIT v. Vasantha Subramanian Hospitals Pvt. Ltd (2018) 408 ITR 176/ 258 Taxman 396/ 172 DTR 423/( 2019) 307 CTR 569 (Mad) (HC)

S.37(1):Business expenditure — Marketing expenses -Multi-Speciality Hospital — Gifts to doctors – Matter Remitted To Assessing Officer for verification to find out whether for canvasing for patients .

Malayala Manorama Co. Ltd. v. ACIT (2018) 408 ITR 125 (Ker) (HC)

S. 37(1) : Business expenditure -Expenditure on acquisition of distribution rights of feature films —Film must be commercially exploited and income received and credited in books — Feature films never exhibited and no amount credited in profit and loss account —Deduction is not allowable .[ R9B ]

CIT v. Acer India Pvt. Ltd. (2018) 408 ITR 24 (Karn) (HC)

S. 37(1) : Business expenditure -Provision for warranty which is made on scientific basis is deductible. [ S.145 ]

CIT v. Basti Sugar Mills Co. Ltd. (2018) 408 ITR 184 / 259 Taxman 97(Delhi) (HC)

S. 36(1)(iii) :Interest on borrowed capital – Advances made to sister concerns from own funds – No disallowances can be made .[ S.37(1) ]

CIT v. Vasantha Subramanian Hospitals Pvt. Ltd (2018) 408 ITR 176 /258 Taxman 396/ 172 DTR 423/ ( 2019) 307 CTR 569(Mad) (HC)

S.32: Depreciation — Rate of depreciation —All equipment formed part of Life Saving Equipment —Denial of depreciation on computer is held to be not proper [ ITRules 1962, Appex. I, Part A Iii 3(Xia)(D).]

Mahaveer Yadav v. ITO (2018) 408 ITR 19 (Raj) (HC)

S.28(i):Business income — Capital gains — Conversion of agricultural land into residential plots and sale of residential plots -Consideration over fair market value to be assessed as business income -No question of law .[ S.4, 45 , 260A ]

J. B. Memorial Manas Academy Management Society. v. CIT (2018) 408 ITR 255/ 259 Taxman 537 (Uttarakhand) (HC)

S. 10 (23C): Educational institution-Exemption cannot be denied only on the ground that institution has earned surplus when the institution is solely for educational purposes .