Year: 2019

Archive for 2019


J.C. Bhalla & Co. v. ACIT (2019) 177 ITD 1/ 182 DTR 195 (Delhi) (Trib.)

S. 40(b)(ii) : Amounts not deductible-Working partner– Remuneration–Bonus-Supplementary partnership deed– Allowable as deduction.

Janapriya Engineers Syndicate Ltd v. ITO (2019) 70 ITR 370 (Hyd.)(Trib.)/CIT v. Engineers Reddy Homes (P) Ltd ( 2019) 70 ITR 370 (Hyd) ( Trib)

S. 40(a)(ia) : Amounts not deductible-Deduction at source- burden is on assessee to prove that recipient had declared the income-AO is directed to calculate the interest only for period of default. [S. 201(1), 201(ia)]

Fine Blanking Pvt. Ltd. v. DCIT (2019) 70 ITR 400 (Bang.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payments to transporters-Permanent Account Number and addresses of transporters before the Assessing Officer-Provision of S.194C(6) is complied with–No disallowance can be made. [S. 194C(6)]

Standard Chartered Bank. v. JCIT (2019) 177 ITD 139 / 200 TTJ 774/ 178 DTR 201(Mum.) (Trib.)

S. 37(4) : Business expenditure-Guest house expenses-Held to be not allowable.

Sangita Jhunjhunwala (Smt.) v. ITO (2019) 70 ITR 247 (Kol.) (Trib.)

S. 45 : Capital gains-Sale of shares-Entry operator-Bogus long term capital gains- Produced sufficient material-Addition cannot be made as cash credits. [S. 10(38), 68]

Ashwin S. Mehta v. ACIT (2019) 70 ITR 234 (Mum.)(Trib.)

S. 37(1) : Business expenditure–Expenditure incurred on earning on term deposit is allowable as deduction.

Aishika Pharma (P.) Ltd. v. ITO (2019) 177 ITD 238 (Delhi)(Trib.)

S. 37(1) : Business expenditure–Illegal expenses-Distribution of ball pens, medical gifts etc. with logo of the company to doctors and hospitals–Allowable as business expenditure-Explanation 1 to S. 37(1) is not applicable.

Alkoplus Producers (P.) Ltd. v. DCIT (2019) 177 ITD 150 / 71 ITR 650/ 181 DTR 329/ 201 TTJ 893 (Pune)(Trib.)

S. 37(1) : Business expenditure-Interest bearing loans–Charged interest at 9% – Disallowance of interest at 12% is held to be not justified. [S. 36(1)(iii)]

Alkoplus Producers (P.) Ltd. v. DCIT (2019) 177 ITD 150 / 71 ITR 650/181 DTR 329 /201 TTJ 893 (Pune) (Trib.)

S. 37(1) : Business expenditure-Commission-ad hoc disallowance of 50% – Furnished details of payment-Ad-hoc disallowance is held to be not justified.

DCIT v. Core Healthcare Ltd. (2019) 177 ITD 26 (Ahd) (Trib.)

S. 37(1) : Business expenditure–Illegal payments-Fee paid for registration of product in Iraq- Cannot be said to be payment of kickbacks to Iraqi regime for doing business-Allowable as deduction.