Author: ksalegal

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Travel Trails India P. Ltd. v. ACIT, TDS (2020) 79 ITR 37( SN) ( Cochin) (Trib)

S.234E: Fee-Default in furnishing the statements- No power in authority either to compute and collect any fee — Demand prior to 1-6-2015 — Not sustainable.[ S.200A ]

Vodafone Idea Ltd. v ACIT (TDS) (2020) 184 ITD 204 / 79 ITR 44 (SN)( Cuttack)(Trib)

S. 194H : Deduction at source – Commission or brokerage – Fees for professional or technical services – Discount to prepaid cards to distributors – Principal to principal basis – Roaming arrangement with other distributors – Not liable to deduct tax at source under section 194H or under section 194J -Interest is not leviable [ S.194H , 201 (1) ]

Mewar Hospital Pvt. Ltd. v. ACIT (2020)79 ITR 12 (SN) ( Jodhpur) (Trib)

S. 143(3) : Assessment – Search and seizure – Excess consumption – Suppression of receipts –Discounts – Addition is held to be not valid [ S.132A ]

Neelam Pachisia (Smt.) v. Dy. CIT (CPC) (2020) 79 ITR 14 (SN)( Bang ) (Trib)

S. 143(1)(a) : Assessment – Intimation – Late filing of return – Denial of exemption – No intimation was given to the assessee, the adjustment was liable to be deleted [ S.80AC, 80IC , 139(4) ,143(1)(a) (v) ]

Essentra (India) Pvt. Ltd. v. ITO (2020) 79 ITR 22 (SN)( Bang) (Trib)

S. 92C : Transfer pricing – Arm’s length price – Capacity utilisation of comparable – Details not available in public domain — Remanded to the TPO to call for information and decide the issue [ S.133(6) ]

Sholayoor Service Co-Operative Bank Ltd. v .ITO (2020) 79 ITR 32 (SN) ( Cochin) (Trib)

S. 80P : Co-operative societies -Primary agricultural credit Society — Narration in Loan extracts in audit reports is not conclusive- Assessing Officer to examine details of each loan disbursement and determine purpose for which loans disbursed.

Ayalur Service Co-Operative Bank Ltd. v. ITO (2020) 79 ITR 17 (SN) ( Cochin) (Trib)

S. 80P : Co-operative societies – Agricultural purpose or allied activities- Matter remanded to the AO to examine activities of assessee afresh and determine whether activities in compliance with activities of Co-Operative Society functioning under Kerala Co-Operative Societies Act, 1969 and to grant deduction. [S.80P(2), Kerala Co-operative Societies Act, 1969. ]

Bharat Sons (HUF) v ACIT (2020) 79 ITR 29 ( SN) ( Delhi (Trib)

S. 80IC : Special category States – Electricity consumption – Not producing toll tax receipt does not make the purchases as bogus- Entitle to deduction.

ITO v .Jasmin Mulraj Mehta (2020)79 ITR 9 ( SN) ( Mum) (Trib)

S. 69C : Unexplained expenditure – Bogus purchases – Sales not doubted – Addition is restricted to 12.5 percent of non -genuine purchases and less gross profit already declared [ S.37(1) ]

ACIT v .Gopalji K. Dwivedi ( Mum) (Trib) (UR)

S. 68 : Cash credits -Accommodation entries – Pravin Kumar Jain group –Loan confirmation , PAN no, copy of bank account of lender was produced – Submission was filed in pursuance of notice u/s 133(6) of the Act -Deletion of addition is held to be justified [ S.133(6)