Author: ksalegal

Author Archive


PCIT v. Vedanta Ltd. (2019) 261 Taxman 179 (Delhi)(HC)

S. 14A : Disallowance of expenditure – Exempt income – Applicability of Rule 8D is not mandatory in every case where assessee earns tax free dividend income – Rule 8D cannot be invoked and applied unless Assessing Officer records his dissatisfaction regarding correctness of claim made by assessee in relation to expenditure incurred to earn exempt income. [S. 10(34), R.8D ]

Metal Clousers ( P.) Ltd. v. Dy.CIT (2019) 102 taxmann.com 71 / 261 Taxman 162 (Karn.)(HC) Editorial : SLP of revenue is dismissed Dy. CIT v. Metal Closures (P.) Ltd. (2019) 261 Taxman 161 (SC)

S. 10B : Export oriented undertakings-Deemed exports-Export through third parties-Entitled to deduction.

CIT v. Indian Petrochemicals Corpn. Ltd. (2019) 261 Taxman 251 (Bom.)(HC)

S. 4 : Charge of income-tax – Sales tax waiver benefits are in nature of capital receipts.

Narendrakumar Kuvarjibhai Vadher v. ITO (2019) 175 ITD 329 (Surat)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)–Ex parte order-Order passed without giving opportunity of being heard was in violation of principle of natural justice- Matter remanded. [S.254(1) ITAT R. 28]

Gati Ltd. v. ACIT (2019) 175 ITD 310 (Hyd.)(Trib.)

S. 115JB : Book profit- Not following the Accounting standard –AO Must modify the book profit as per Accounting Standards as per provisions of Companies Act.

Piaggio & C.S.P.A. v. DIT (2019) 175 ITD 304/ 70 ITR 1 (SN) (Pune)(Trib.)

S. 115A : Foreign companies–Tax–Royalty–In terms of technology license agreement entered into by assessee an Italy based company with its Indian AE effective from 1-04-2008, being covered by sub-clause (AA) of section 115A(1)(b), rate of tax on royalty recieved by assessee will be 10.50 per cent-DTAA- India Italy. [S.90(2), 195A]

ACIT v. ADM Agro Industries Dharwad (P.) Ltd. (2019) 175 ITD 324 (Delhi)(Trib.)

S. 72A : Carry forward and set off of accumulated loss– Amalgamation-Not specified at to how those conditions were not met-Allowed to be set off.

ITO v. Kolkata Metro Rail Corpn. Ltd. (2019) 175 ITD 347 (Kol.) (Trib.)

S. 56 : Income from other sources-Joint venture company of Central and State Government-Metro Rail project-Fixed deposit with Bank – Not assessable as income from other sources [ S.4 ]

ACIT v. Janak Global Resources (P.) Ltd. (2019) 175 ITD 365 (Chd.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Advance to sister concern- Sufficient own interest free funds-Presumption would arise that advances made by assessee to its sister concern were out of interest-free funds – No disallowances can be made.

ACIT v. Janak Global Resources (P.) Ltd. (2019) 175 ITD 365 (Chd.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income–No exempt income during assessment year–No disallowance can be made .[ R.8D.