Year: 2019

Archive for 2019


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]

AVM Charities. v. ITO (2019) 175 ITD 654 / 174 DTR 1 / 197 TTJ 513(Chenni)(Trib.)

S. 11 : Property held for charitable purposes–kalyanamandapams, school, health centre and library-Donation to Trust–Predominant activity of assessee society is charity- Eligible for exemption. [S. 11(1), 11(4), 12A]

Process-Cum-Product Development Centre v. ACIT (2019) 175 ITD 517/ 178 DTR 433 (Delhi) (Trib.)

S. 10(23C) : Educational institution-Skill training programme– Placement activities-Entitle to exemption. [S. 2(15), 10(23C)(iiiab), 12AA]

Shree Ganesh Concast Group of Industries v. Dy.CIT (2018) 195 TTJ 1 (UO) (Chd.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)–Additional evidence-Ex parte order- Duty of the CIT(A) to admit additional evidence in the interest of justice-Matter remanded to AO. [S.10AA, 80IC, 144, R. 46A(4)]

Jaipur Pensioners Hitkari Sahakari Samiti Ltd. v. ITO (2018) 195 TTJ 112 (UO) (Jaipur ) (Trib.)

S. 143(3) : Assessment—Difference in form 26AS-Matter remanded. [26AS]