Author: ksalegal

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DCIT v. Pidilite Industries Ltd. (2019) 177 ITD 472 (Mum.) (Trib.)

S. 28(iv) : Business income-Value of any benefit or perquisites- Converted in to money or not-Discount received by assessee on buyback of Foreign Currency Convertible Bonds (FCCB) is capital receipt–Not liable to be taxed.[S. 4]

Bengal DCL Housing Development Co. Ltd. v. DCIT (2019) 177 ITD 402/ 181 DTR 245 (Kol.)(Trib.)

S. 22 : Income from house property–Owner-SPV promoted by State Housing Board for undertaking construction of apartments- Not an owner of apartments-Annual value of unfinished flats could not be brought to tax.[S. 23]

Radhika Roy v. DCIT (2019) 200 TTJ 665 / 73 ITR 239 / 180 DTR 329(Delhi)(Trib), www.itatonline.org Dr. Prannoy Roy v. DCIT (2019) 200 TTJ 665 / 73 ITR 239 (Delhi)(Trib.), www.itatonline.org

S. 22 : Income from house property -Fair rent not available–AO is directed to take let out value of property as per determination value by Cantonment Board to determine annual fair value.[S. 24]

ITO v. Chiripal Poly Films Ltd. (2019) 177 ITD 441 / 202 TTJ 317/ 184 DTR 162(Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-interest and other charges paid to bank was capitalized in capital work-in-progress account–Addition cannot be made while computing book profit. [S. 115JB]

DCIT v. Pidilite Industries Ltd. (2019) 177 ITD 472 (Mum.) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Suo–moto disallowance–Not recording of dissatisfaction- No disallowance can be made.[R. 8D]

Chhattisgarh State Cricket Sangh v. DCIT (2019) 177 ITD 393/ 200 TTJ 242 (Raipur)(Trib.)

S. 12AA : Procedure for registration–Trust or institution-Object of promoting sport of cricket –Object of general public utility-Entitle to exemption [S. 2(15)].

DIC Fine Chemicals (P.) Ltd. v. DCIT (2019) 177 ITD 672 / 183 DTR 204/ 202 TTJ 372 (Kol.) (Trib.)

S. 10AA : Special economic zones-Export–Entitle to deduction stand alone basis–Deduction cannot be denied only on the ground that non filing of audit report along with the return.[S. 80A(5)]

ITO v. Asha Vimla (Smt.) (2019) 74 ITR 1 (Cochin) (Trib.)

S. 10(37) : Capital gains-Agricultural land–Compensation received on compulsory acquisition – Price fixed upon negotiation–Entitle to exemption. [S. 45, Land Acquisition Act, S. 4, 6, 9]

PJSC Stroytransgaz v. DCIT (2019) 177 ITD 538 (Delhi)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection–Water supply augmentation project and oil pipeline project etc- Payment received during year was attributable to PE in India, same was taxable as business profit-DTAA-India–Russia [Art. 7, 12]

DCIT v. Chukkapalli Mallikarjuna. (2019) 177 ITD 582 (Vishakha) (Trib.)

S. 5 : Scope of total income–Salary-Seafarer–Rendered services outside India- Salary is not taxable in India. [S. 15]