Year: 2020

Archive for 2020


Moody’s Analytics Knowledge Services (India) (P.) Ltd. v. ITO (TDS) (2020) 180 ITD 804 / 192 DTR 100/ 206 TTJ 646(Bang.)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay–Interest-Remittance of TDS was made online on prescribed date, credit to Government’s account was instant-No interest could be levied for delay in remitting TDS to credit of Government even if online portal showed a delayed date. [S. 201(IA)]

Mahindra & Mahindra Ltd. v. DCIT (2020) 180 ITD 776 (Mum.)(Trib.)

S. 145A : Method of accounting–Valuation-MODVAT credit does not have any impact on profit of assessee and thus, unutilised MODVAT credit could not be added to value of closing stock.

Nasir Ali v. ACIT (2020) 181 ITD 30 (Delhi)(Trib.)

S. 120 : Jurisdiction of income-tax authorities-Additional Commissioner can function as an AO only when jurisdiction has been assigned to him-No directions or orders assessment order passed by Additional Commissioner was illegal and without jurisdiction. [S. 120(4)(b), 124]

Mahindra & Mahindra Ltd. v. DCIT (2020) 180 ITD 776 (Mum.)(Trib.)

S. 80HHC : Export business–Sale of scrap-Income from such scrap would tantamount to recoupment of cost of raw material/production and, therefore, was includible in profits of business.

ITO v. Swati Housing & Construction (P.) Ltd. (2020) 180 ITD 854 (Delhi) (Trib.)

S. 69C : Unexplained expenditure-Labour expenses-ad hoc disallowance-Held to be not justified. [S. 145]

Raghubir Singh v. ITO (2020) 180 ITD 719 (Chd.)(Trib.)

S. 69A : Unexplained money–Bank deposits–Evidence was not considered–Matter remanded. [S. 45]

Kuldeep Singh v. ITO (2020) 180 ITD 749/ 185 DTR 10/ 203 TTJ 242 (Chd.)(Trib.)

S. 68 : Cash credits–Gifts from father–Source explained–Addition is deleted.

ITO v. Swati Housing & Construction (P.) Ltd. (2020) 180 ITD 854 (Delhi)(Trib.)

S. 68 : Cash credits–Sundry creditors-From earlier years-No addition can be made.

D M Estates (P.) Ltd. v. DCIT (2020) 180 ITD 813 (Bang.)(Trib.)

S. 68 : Cash credits–Books of account-No addition can be made owing to difference in income based on Form No. 26AS and income as reflected in books of account maintained by assessee. [S. 145]

N. Ramaswamy v. ITO (2020) 180 ITD 702 / 190 DTR 374/ 205 TTJ 803(Chennai)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Perpetual lease–Purchase of property-Entitle for exemption. [S. 2(47)(vi), 45, 269UA]