Month: November 2019

Archive for November, 2019


Syndicate Bank. v. ACIT (2019) 179 ITD 178 / (2020) 190 DTR 354/ 204 TTJ 118 (Bang) (Trib.)

S. 271C : Penalty – Failure to deduct at source – Leave travel allowance – Bona fide belief – levy of penalty is held to be not justified .[ S.192, 201(1), 201(1) (A) ]

Vodafone Idea Ltd. v. ACIT (2019) 179 ITD 207 (Chd) ( Trib.)

S. 194H : Deduction at source – Commission or brokerage – SIM distributors – Not liable to deduct tax at source – Roaming charges – Process of roaming does not require human intervention and cannot be considered as a technical service- Not liable to deduct tax at source .[ S. 194J ]

Sadhvi Securities (P.) Ltd. v. ACIT (2019) 179 ITD 197/ (2020) 185 DTR 374 (Delhi) (Trib.)

S. 56 : Income from other sources – Valuation of unquoted equity shares on 31-3-2014- If balance sheet was not drawn up by auditor on 31-3-2014, assets and liabilities in balance sheet of immediately preceding year, i.e., 31-3-2013 should be adopted. [S.56(2)(viib) , R.11UA ]

Sheetal Kataria v. PCIT (2019) 179 ITD 171 (Jaipur) (Trib)

S. 54B : Capital gains – Land used for agricultural purposes – Agricultural land was converted into residential plots and not used for agricultural purpose- Deduction is not entitle .[ S.45 ]

DCIT v. Sri Radhakrishna Shipping Ltd. (2019) 179 ITD 139 (Mum) (Trib.)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Trade payables outstanding for more than three years in the books – Addition cannot be made as remission or cessation of trading liability . [ S.68 ]

DCIT v. Sri Radhakrishna Shipping Ltd. (2019) 179 ITD 139 (Mum) (Trib.)

S.37(1): Business expenditure -Interest paid on delayed payment of service tax is compensatory in nature – allowable as deduction . Finance Act , 1994 , S 75 , 76 ]

Aramark India (P.) Ltd. v. DCIT (2019) 179 ITD 133 /( 2020) 191 DTR 419/ 206 TTJ 379(Mum) (Trib.)

S. 32 : Depreciation – Block of asset- Written down value of asset is reduced to zero or block of asset is empty or it ceases to exist on last date of previous year- Depreciation is not allowable . [ S. 2(11) , 41(1) 50 ]

Unique Educational Society. v. CIT (2019) 179 ITD 147 (Chad) (Trib.)

S. 12AA : Procedure for registration –Trust or institution- Education – Skill enhancement – Entitle to exemption – Rejection of application is held to be not valid .[ S.2(15) ]

Genex Industries Ltd. v. DCIT (2019) 179 ITD 16 (Chd) (Trib.)

S. 271AAB:Peanlty -Search initiated on or after Ist day of July 2012- Amount surrendered – No reasonable opportunity was given – Matter remanded to the AO [ S. 132, 274 ]

ACIT v. Eastern Silk Industries Ltd. (2019) 179 ITD 22/ 184 DTR 406 (Kol) (Trib.)

S. 251 : Appeal – Commissioner (Appeals) – Powers – New claim- Not raised in the return – CIT (A) can entertain any new claim for deduction even the said claim was not raised in return of income originally filed or by way of filing revised return. [ S.35(1)(iv) , 139 ]