Author: ksalegal

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Nice Bombay Transport (P.) Ltd. v. ACIT (OSD) (2019) 175 ITD 684 (Delhi)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Stock in trade–Dividend received incidentally–No disallowance can be made. [R. 8D]

AVM Charities. v. ITO (2019) 175 ITD 654 / 174 DTR 1 / 197 TTJ 513(Chenni)(Trib.)

S. 11 : Property held for charitable purposes–kalyanamandapams, school, health centre and library-Donation to Trust–Predominant activity of assessee society is charity- Eligible for exemption. [S. 11(1), 11(4), 12A]

Process-Cum-Product Development Centre v. ACIT (2019) 175 ITD 517/ 178 DTR 433 (Delhi) (Trib.)

S. 10(23C) : Educational institution-Skill training programme– Placement activities-Entitle to exemption. [S. 2(15), 10(23C)(iiiab), 12AA]

Shree Ganesh Concast Group of Industries v. Dy.CIT (2018) 195 TTJ 1 (UO) (Chd.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)–Additional evidence-Ex parte order- Duty of the CIT(A) to admit additional evidence in the interest of justice-Matter remanded to AO. [S.10AA, 80IC, 144, R. 46A(4)]

Jaipur Pensioners Hitkari Sahakari Samiti Ltd. v. ITO (2018) 195 TTJ 112 (UO) (Jaipur ) (Trib.)

S. 143(3) : Assessment—Difference in form 26AS-Matter remanded. [26AS]

Dy.CIT v. Philips Electronics India Limited. (2018) 196 TTJ 1031 (Kol.)(Trib.)

S. 9C : Transfer pricing—Functionally Different-Cannot be considered for comparable.

BT E-Serv (India) P. Ltd. v. ITO (2018) 195 TTJ 137 (Delhi)(Trib.)

S. 92C : Transfer pricing-TNMM- Once a comparable was found functionally similar and further authentic and reliable financial data were available relevant to accounting period of assessee then merely comparable had different FY, it could not be excluded- TP adjustment made on outstanding receivable beyond 30 days credit period applying interest rate of 14.88% p.a. and computing interest receivable is held to be justified.

Dy.CIT v. Eaton Power Quality Pvt. Ltd. (2018) 195 TTJ 367 (Pune)(Trib.)

S. 92C : Transfer pricing-Arms length price-Items like spares, accessories, batteries are used by assessee in discharge its obligation of warranty or replacement of damaged items in transportation then no transfer pricing adjustment required to be made in respect of Purchase of finished goods and spares.

KGL Network (P) Ltd. v. ACIT ( 2018) 195 TTJ 265/(2019) 176 DTR 102 (Delhi)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits–Logistic solutions-Airline companies – Identity of payee and genuineness of transaction is not doubted – Disallowance was deleted.

Anil Dhawan v. Dy.CIT (2018) 195 TTJ 42 (UO) (Chd.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source– Commission-Incentive to retailers-Not liable to deduct tax at source. [S. 194H]