Month: May 2019

Archive for May, 2019


James P. D’Silva. v. DCIT (2019) 175 ITD 533/199 TTJ 739 / 179 DTR 281(Mum.)(Trib.)

S. 68 : Cash credits–Advance received in earlier years-Addition cannot be made as cash credits.

Murtuza Shabbir Jamnagarwala v. ITO (2019) 175 ITD 494 (Pune) (Trib.)

S. 54B : Capital gains–Agricultural land-Land was used for agricultural purposes–Land classified as agricultural land Jowar crop was grown- Eligible exemption [S.2(14), 45]

AIG Offshore Systems Services Inc. v. ACIT (2019) 175 ITD 647/ 197 TTJ 765 (Mum.)(Trib.)

S. 48 : Capital gains–Computation-Foreign Institutional Investor (FII)-Sale of shares of Indian subsidiary-legal/professional fees paid to lawyers/accounting firms- Allowable as deduction. [S.45, 48(1)]

Richa Bagrodia v. DCIT (2019) 175 ITD 552 (Mum.)(Trib.)

S. 45 : Capital gains- Long term–Short term- Sale of flat – Date of allotment of flat and not date of giving possession of flat which has to be considered as date for computing holding period of 36 months. [S. 2(29A)]

James P. D’Silva. v. DCIT (2019) 175 ITD 533 /199 TTJ 739/ 179 DTR 281(Mum.)(Trib.)

S. 45 : Capital gains–Retirement–Amount received as share value of assets of firm on his retirement are not liable to be taxed either as capital gains nor as business income.[S. 2(14), 2(47), 28(v)]

Poona Bottling Company (P.) Ltd. v. ACIT (2019) 175 ITD 634 (Pune)(Trib.)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability-Business of bottling-cum-manufacturing of soft drink-Advances/deposits towards security against bottles & cases-Written off-Addition cannot be made as remission or cessation of liability. [ S. 32 ]

Zuberi Engineering Company v. DCIT (2019) 69 ITR 261 / 175 ITD 557/197 TTJ 659/ 179 DTR 25 (Jaipur) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source- Transportation of goods- Requisite information was furnished u/s 194C(6)–No disallowance can be made- Amendment made to section 40(a)(ia) by Finance Act, 2015 is remedial in nature and retrospective in applicability. [S. 194C(6)]

DCIT v. Hydrosult Inc. (2019) 175 ITD 525 (Ahd) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident–Independent personal services outside India-Not chargeable to tax in India –Not liable to deduct tax at source-DTAA–India–Canada. [S.9(1)(i), Art. 12, 14 ]

National Small Industries Corp. Ltd. v. DCIT (2019) 175 ITD 601 (Delhi)(Trib.)

S. 37(1) : Business expenditure – Corporate social responsibilities- Held to be allowable – Explanation 2 inserted in section 37(1) with effect from 1-4-2015 is prospective in nature. [S. 35AC, 80G, Companies Act, 2013, S. 135]

Nice Bombay Transport (P.) Ltd. v. ACIT (OSD) (2019) 175 ITD 684 (Delhi)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Stock in trade–Dividend received incidentally–No disallowance can be made. [R. 8D]