Author: ksalegal

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Dy.CIT v. Deloitte Touche Tohmatsu India (P) Ltd. (2018) 193 TTJ 65 (UO) (Mum.)(Trib.)

S. 37(1) : Business expenditure–Club an Membership subscription- Held to be allowable deduction.

Maruti Suzuki India Ltd. v. ACIT (2018) 191 TTJ 148 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Sharing resources expenditure with other group companies–Held to be revenue expenditure.

Maruti Suzuki India Ltd. v. ACIT (2018) 191 TTJ 148 (Delhi)(Trib.)

S. 37(1) : Business expenditure—Capital or revenue–Royalty payment for use of licensed information–Revenue expenditure.

Carrier Air-Conditioning & Refrigeration Ltd. v. ACIT (2018) 172 DTR 49 / 195 TTJ 777 (Delhi)(Trib.)

S. 32 : Depreciation—Improvements on leasehold premises—Capital expenditure—Entitle to depreciation.

Ceva Asia Pacific Holdings Co. Pte Ltd. (2018) 192 TTJ 1 (UO) (Dehil)(Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-business of providing transportation, logistics, and supply chain solutions–Issue was sent back to for deciding whether services involved in the agreement satisfy ‘make Available’ criteria or not— DTAA-India–Singapore [Art. 12(4)]

Maruti Suzuki India Ltd. v. ACIT (2018) 191 TTJ 148 (Delhi)(Trib.)

S. 4 : Charge of income-tax–Sales tax subsidy-subsidy given to assesse post accomplishment of project or expansion there, without any obligation to utilize subsidy only for repayment of term loans undertaken by assessee for setting up new units/expansion of existing business, or to liquidate cost incurred in creating capital asset or its expansion, was only in nature of revenue receipt and was liable to be brought to tax.

Anand Kumar v. ICAI (2019) 262 Taxman 65 (Delhi)(HC)

S. 16 : Officers and employees, salary, allowances etc- Management trainee- Person appointed on probation for a specified period – Does not get confirmation automatically.

PCIT v. Samir Suryakant Sheth (2019) 103 taxmann.com 197 / 262 Taxman 28 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Samir Suryakant Sheth. (2019) 262 Taxman 27 (SC)

S. 271(1)(c) : Penalty–concealment–capital gain exemption claimed–Quantum addition is confirmed-Full disclosure was made –No mala fide intention- Deletion of penalty is held to be justified.

Jivanlal and Sons. v. ACIT (2019) 103 taxmann.com 207 / 262 Taxman 24 (Bom.)(HC) Editorial: SLP of assessee is dismissed, Jivanlal and Sons v. ACIT (2019) 262 Taxman 23 (SC)

S. 271(1)(c) : Penalty–Concealment-Tax paid claimed as deduction- Mistake of chartered accountant–Neither the affidavit nor evidence was produced -Levy of penalty is held to be justified. [S. 37(1), 40(ii)]

CIT v. Century Plyboards (I) Ltd. (2019) 103 taxmann.com 178 / 262 Taxman 14 (Cal.)(HC) Editorial: SLP of revenue is dismissed, CIT v. Century Plyboards (I) Ltd. (2019) 262 Taxman 13 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue -Bogus purchases and depreciation–Revision is held to be not valid. [S. 32, 69C]