Year: 2020

Archive for 2020


Arvind Metals and Minerals P. Ltd. v ACIT (2020) 81 ITR 648 (Kol) (Trib)

S.43B: Deductions on actual payment – Prior period expenses — Depositing Employees’ State Insurance payment for earlier year and for relevant assessment Year —Allowable in year in which actually paid [ S.37(1) ]

Reckitt Benckiser (I.) Pvt. Ltd. v Dy. CIT (2020) 81 ITR 577 (Kol) (Trib)

S. 40(a)(ii) : Amounts not deductible – Rates or tax – Education cess is allowable as deduction .

ACIT v. Padma Logistics and Khanij Pvt. Ltd. (2020) 81 ITR 61 /183 ITD 891/ 208 TTJ 67 (Kol) (Trib)

S.37(1): Business expenditure — Rent expenses —Allowable as revenue expenditure .

Arvind Metals and Minerals P. Ltd. v ACIT (2020) 81 ITR 648 (Kol) (Trib)

S.28(i):Business loss -Speculative business – Loss on forward booking of foreign exchange — Transaction not speculative in nature -Allowable as business loss [ S.43(5)(a) ]

The Chombal Service Co-Operative Bank Ltd. v ITO (2020) 81 ITR 13 ( Cochin) (Trib)

S.28(i) : Business income -Income from other sources – interest earned from investments with treasuries and banks was part of the banking activity of the assessee, and was eligible to be assessed as income from business [ S.56 ]

ACIT v. Padma Logistics and Khanij Pvt. Ltd. (2020) 81 ITR 61 /183 ITD 891/ 208 TTJ 67 (Kol) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Strategic Investment – Own funds more than investments -No disallowance can be made . [ R.8D ]

Add. CIT v. PNB Gilts Ltd. (2020) 81 ITR 224 /183 ITD 111 (Delhi) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Shares held as stock-in trade -Interest expenditure – Value its stock at cost or market value, whichever was lower -Matter remanded .[ S. 36(1)(iii), 115JB, R.8D (ii) ]

Shalom Charitable Ministries Of India v. ACIT (2020) 81 ITR 20 ( Cochin ) (Trib)

S. 11 : Property held for charitable purposes – Micro finance activity — Not charitable in nature — Not entitled to exemption [ S. 2 (15) ]

Dy. DIT v. Yum! Restaurants (Asia) Pte. Ltd. (2020) 81 ITR 440 / 192 DTR 372/ 206 TTJ 657( Delhi) (Trib)

S. 9(1)(i): Income deemed to accrue or arise in India – Business connection – Royalty — Fees for technical services —Reimbursement of expenses- Held to be not taxable – DTAA-India – Singapore [ Art 5 (2) 12 ]

ACIT v. Emaar MGF Construction P. Ltd. (2020)81 ITR 30 ( Delhi )(Trib)

S. 4 : Charge of income-tax – Diversion of income by overriding title — Revenue sharing agreement- Holding company – Expenditure incurred towards services obtained from its holding company allowable as deduction .