Author: ksalegal

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Telenor (India) Communications Pvt. Ltd. v. CIT (2019) 197 TTJ 1 / 173 DTR 65 (Delhi)(Trib.)

S. 45 : Capital gains–Non refundable entry fee-Right which is not enforceable by law, cannot be regarded as a capital asset- Actionable claim right cannot be assessed as capital gains – In order to attract the provisions of capital gains it is axiomatic that there has to be an income derived by the assessee on transfer of a capital asset. [S. 2(47)]

A. Anand Kumar v. ACIT (2019) 69 ITR 82 (SN) (Chennai)(Trib.)

S. 44AD : Presumptive taxation- gross receipts-Assessee partner in firm receiving remuneration and interest–Interest and salary not business income-Assessee not eligible for presumptive taxation. [S. 28(v), 40(b)]

ACIT v. Orissa Manganese & Minerals Ltd. (2019) 69 ITR 1 (SN) (Kol.) (Trib.)

S. 43B : Deductions on actual payment -Employee’s contribution to provident fund allowable if paid before the due date of filling of return.[ S.139 ]

ACIT v. Sodexo Food Solutions India P. Ltd. (2019) 69 ITR 119 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Deduction for professional fees paid to Individual for professional services was to be allowed only to the extent of services rendered for the benefit of the Assessee and not for other group entities.

ACIT v. Sodexo Food Solutions India P. Ltd. (2019) 69 ITR 119 (Mum.)(Trib.)

S. 36(1)(vii) : Bad debt – Deposits written off for premises taken on lease for business purposes was allowable as a deduction. [S. 36(2)]

ACIT v. Sodexo Food Solutions India P. Ltd. (2019) 69 ITR 119 (Mum.)(Trib.)

S. 36(1)(va) : Any sum received from employees – Delayed payment of employee’s contribution to Provident fund is allowable as a deduction if the same is paid within the due of filing the Return of Income. [S. 139(1)]

ACIT v. Sodexo Food Solutions India P. Ltd. (2019) 69 ITR 119 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income–No disallowance could be made where no exempt income was actually earned by the Assessee during the year. [R. 8D]

ACIT v. Orissa Manganese & Minerals Ltd. (2019) 69 ITR 1 (SN) (Kol.) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Disallowance cannot be made if there is no tax free income. [R. 8D]

PTC India Ltd. v. DCIT (2019) 69 ITR 37(SN.) (Delhi) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Only investment from which assesse has earned exempt income to be considered for disallowance. [R. 8D]

Welspun India Ltd. v. Dy. CIT (2019) 69 ITR 617 (Mum)(Trib.)

S. 14A : Disallowance of expenditure–Exempt Income-Assessee used its own interest free funds for making investment in shares and securities yielding exempt income-No disallowance could be made-Strategic investments made by assessee with its group/associated companies–to be considered for disallowance under section 14A-Disallowance under section 14A cannot exceed exempt income. [R. 8D]