Year: 2020

Archive for 2020


Navin Fluorine International Ltd. v. CIT (2019) 178 ITD 201 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue- Depreciation-Block of assets–Scientific research–Capital expenditure–User of asset is not relevant–Once expenditure is incurred–Deduction is allowable.
Method of accounting–Valuation–Consistency method–Revision is held to be not justified–MAT credit–Revision is held to be valid. [S. 2(11), S.35(1)(iv), 35(2), 50, 145A]

Anshuman Ghosh v. ITO ( 2019) 178 ITD 311 (Luck.)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)–Powers–Direction issued by the CIT(A) to initiate reassessment proceedings for assessment year 2011-12 is held to be non-est direction hence invalid.[S. 50C, 147, 148, 149(1)(b), 150(2)]

Station Headquarters (Army) v. ACIT (2019) 178 ITD 211 (Jodhpur)(Trib.)

S. 200A : Processing of statements of tax deducted at source- Clause (c) inserted in section 200A with effect from 1-6-2015, is prospective in nature- Appeal of the assessee is allowed. [S. 234E]

Sodexo SVC India (P.) Ltd. v. DCIT (2019) 72 ITR 132 / 178 ITD 39 /202 TTJ 504/ ( 2020) 189 DTR 84 (Mum.)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay–Limitation- Increased limitation of seven years with effect from 1-04 -2014 shall not apply retrospectively–Order is barred by limitation. [S 201(1), 201(IA)].

Oxcia Enterprises (P.) Ltd. v. DCIT (2019) 178 ITD 520 (Jodhpur) (Trib.)

S. 194IA : Deduction at source-Immoveable property–Purchase through power of attorney holder for Consideration of Rs. 60.12 lakhs-Each co-owners share is less than 50 lakhs–Not liable to deduct tax at source–Addition confirmed by the CIT (A) is deleted. [S. 201(1), 201(IA)]

J.P. Morgan India (P.) Ltd. v. DCIT (2019) 178 ITD 430 (Mum.)(Trib.)

S. 92C : Transfer pricing–Arm’s length price-Safe Harbour Rules (Position prior to 1-10-2009)-As per CBDT Circular No. 5/2010 dated 3-6-2010, amendment to proviso to section 92C(2) being applicable from assessment year 2009-10 onwards, benefit of +/- 5 per cent variation as sought by assessee was acceptable for assessment year 2004-05.

Shilpa Shetty v. ACIT (2019) 178 ITD 461 (Mum.)(Trib.)

S. 92B : Transfer pricing–Share purchase agreement–Brand ambassadorship-Since parties to SPA was not an AE of assessee nor JIPL entered into a prior agreement with AE of assessee, Not an international transaction-S. 92 is not an independent charging section to bring in a new head of income or to charge tax on income which is otherwise not chargeable under the Act. No income had accrued to or received by the assessee under section 5, no notional income can be brought to tax under. 92. [S. 92B(2), 92C]

Kemwell (P.) Ltd. v. ACIT (2019) 178 ITD 228 / 202 TTJ 1145/( 2020) 187 DTR 297 (Bang.)(Trib.)

S. 90 : Double taxation relief-DTAA credit-Dividend from Cyprus is entitle to exemption-DTAA-India–Cyprus. [S. 90, Art. 25(4)]

Uma Saini (Smt.) v. ITO (2019) 178 ITD 352 (Chd.)(Trib.)

S. 80JJA : Bio-degradable waste-Collecting and processing– Matter remanded for disposal in light of report given by a Chemical Expert Certifying as to whether contents of two products manufactured by assessee namely ‘bio-pesticides’ and ‘bio-fertilizers’ were distinct or not. [S. 254(1)]

3F Oil Palm Agrotech (P.) Ltd. v. ACIT (2019) 178 ITD 319 (Hyd.)(Trib.)

S. 80IB(11A) : Undertaking-Business of processing, preservation and packing of fruits or vegetable eligible-Business of extraction of oil from oil palm by different processes and preservation of oil under adjusted temperature and then packaging of oil in large containers or tanks, could be said to be from business of processing, preservation and packing of fruits or vegetable eligible for deduction.