Year: 2018

Archive for 2018


Shalom Charitable Ministries of India v. ACIT (2018) 171 ITD 338/ 195 TTJ 340 /( 2019) 177 DTR 22(Cochin) (Trib.)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits -Purchase of land -Capital expenditure is charged to profit and loss account -Disallowance cannot be made .

DLF Limited v. Addl. CIT (2018) 63 ITR 22 (Delhi) ( Trib)

S. 40(a)(ia):Amounts not deductible – Deduction at source – Certain income and expenditure are merely pass through entries and there is no case of any adverse revenue implication, no disallowance can be made.

Campbell Shipping (P) Ltd. v. ITO (2018) 192 TTJ 24 (Mum.)(UO)(Trib.)

S. 40(a)(ia): Amounts not deductible – Deduction at source -Payee has offered income in their return-No disallowance can be made -Matter remanded to CIT(A) to pass a speaking order [ S.194J ]

CEVA Freight India (P) Ltd. v. Dy. CIT (2018) 192 TTJ 887/ 172 DTR 55 (Delhi)(Trib.)

S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident – The administrative fee paid to EGC of US and EGC of Singapore -Not liable to deduct tax at source – DTAA-India – [ Art. 12 ]

DHL Air Limited v. Dy. CIT(IT) (2018) 63 ITR 149 (Mum.)(Trib.)

S. 40(a)(i) : Amounts not deductible – Deduction at source – Expenses on maintenance of aircraft contract to foreign company – payments business receipts not taxable in India – Not liable to deduct tax at source. [ S.195 ]

DLF Limited v. Addl. CIT (2018) 63 ITR 22 (Delhi) ( Trib)

S. 40(a)(i): Amounts not deductible – Deduction at source -Non-resident – legal and professional services -Not liable to deduct tax at source- DTAA-India -USA [S.195 , Art.15]

Oricon Enterprises Ltd. v. ACIT (2018) 170 ITD 231 (Mum)(Trib.)

S.37(1) : Business expenditure – Subsidiary company – Gratuity and leave wages of employees – Deduction cannot be allowed in two entities -Matter remanded to the AO.

Shalom Charitable Ministries of India v. ACIT (2018)171 ITD 338/195 TTJ 340/( 2019) 177 DTR 22 (Cochin)(Trib.)

S.37(1) : Business expenditure -Trust – No authorization in trust deed to pay remuneration – Remuneration paid by trust to its employees is not allowable .

Shalom Charitable Ministries of India v. ACIT (2018) 171 ITD 338/ 195 TTJ 340 /(2019) 177 DTR 22(Cochin) (Trib.)

S.37(1) : Business expenditure – Self made vouchers- Disallowance of 20% amount towards self made vouchers is justified.

ACIT v. Mohinder Kumar Jain (2017) 62 ITR 176 (Delhi) ( Trib.)

S. 37(1) : Business expenditure -AO disallowed expenses on account of business promotion and vehicle maintenance on estimate basis without bringing any cogent material on record for disallowing expenses