Author: ksalegal

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Amit Yadav v. ITO (2020) 185 ITD 353 (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Quantum of disallowance-Provision would cover payable but also those sum which are payable at any time during year.

Star India (P.) Ltd. v. ACIT (2020) 185 ITD 559/81 ITR 8 (SN) (Mum.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Channel placement fees-Short deduction of tax at source-No disallowance can be made. [S. 9(1)(vi), 194C, 194J]

Quippo Telecom Infrastructure (P.) Ltd. v. ACIT (2020) 185 ITD 275 / (2021) 198 DTR 378 / 209 TTJ 828 (Delhi) (Trib.)

S. 37(1) : Business expenditure-Passive infrastructure and automated teller machine sites to telecom and banking industry Professional Charges-Interest on borrowed capital-Not carried on any business during the relevant year-Not allowable as business expenditure. [S. 36(1)(iii)]

Katira Construction Ltd. v. ACIT (2020) 185 ITD 173 (Rajkot) (Trib.)

S. 37(1) : Business expenditure-Ad-hoc addition-Books of account not rejected-Addition is held to be not valid.

Adadyn Technologies (P.) Ltd. v. ACIT (2020) 185 ITD 426 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Abandoned project-Promotion of business of company-Held to be revenue expenditure.

Ramesh Exports (P.) Ltd. v. DCIT (2020) 185 ITD 551 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Commission-Details of service was not furnished-Disallowance is held to be justified.

Star India (P.) Ltd. v. ACIT (2020) 185 ITD 559/81 ITR 8 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Expenditure incurred towards software was to be treated as capital in nature, however depreciation was directed to be allowed-Reimbursement of property tax-Matter remanded. [S. 32]

DCIT v. IFCI Ltd. (2020) 185 ITD 742 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Expenses incurred by assessee for issue of bonds was to be allowed as revenue expenditure-Expenses from benevolent fond-Held to be allowable.

DCIT v. Cornerstone Property Investment (P.) Ltd. (2020) 185 ITD 202 (Bang.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Used for acquisition of land which is part of inventory-Allowable as deduction.

K. B. Mehta Construction (P.) Ltd. v. DCIT (2020) 185 ITD 81 (Ahd.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Purchase of machinery-Interest is allowable as deduction even if said machinery was not put to use in year under consideration.