Author: ksalegal

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Delhi Tourism & Transport Development Corp. Ltd. v. Dy. CIT (2018) 194 TTJ 305 / 170 DTR 129(Delhi)(Trib.)

S. 43B : Deductions on actual payment – Provision for leave encashment- Not allowable unless the amount is actually paid.

Delhi Tourism & Transport Development Corp. Ltd. v. Dy. CIT (2018) 194 TTJ 305 / 170 DTR 129(Delhi)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Amount not claimed as expenditure-No disallowance can be made-Exemption certificate for non deduction of tax at source- Once certificate has been issued no disallowances can be made- If income is not chargeable to tax in India-No disallowance can be made- Once it is held that income is not chargeable to tax in India, no disallowance can be made. [S. 195, 197]

Dy.CIT v. BCH Electric Ltd. (2018) 63 ITR 58 (SN) (Kol.)(Trib.)

S. 37(1) : Business expenditure — Provision for non-moving inventory — consistent treatment from year to year in return, allowable for deduction. [S. 145 ]

Dy. CIT v. BCH Electric Ltd. (2018) 63 ITR 58 (SN) (Kol.)(Trib.)

S. 37(1) : Business expenditure—Provision for warranty expenses — provision made based on transactions carried out in preceding three years on scientific basis and method consistently followed in past such expenditure is allowable. [S. 145]

Dy. CIT v. BCH Electric Ltd. (2018) 63 ITR 58 (SN) (Kol.)(Trib.)

S. 37(1) : Business expenditure-Capitalised in the books of account as work in progress-Revised return claiming as allowable revenue expenditure -Held to be allowable. [S. 145]

ACIT v. Jansons Industries Ltd. (2018) 194 TTJ 19 (UO) (Chennai)(Trib.)

S. 37(1) : Business expenditure –Brand building – Advertisement expenses- Held to be revenue expenditure.

ACIT v. Ballarpur Industries Ltd.(2018) 64 ITR 21(SN)/ 168 DTR 225 / 193 TTJ 521 (Nag)(Trib.)

S. 36(1)(vii) : Bad Debt — Write-off in books of account sufficient compliance, no further requirement to prove debt has become bad.

ACIT v. Ballarpur Industries Ltd. (2018) 64 ITR 21 (SN)/ 168 DTR 225 / 193 TTJ 521 (Nag.)(Trib.)

S. 36(1)(iv) : Contribution to recognized provident fund– Amalgamated company -Matter remanded. [S. 37(1)]

Bartronics India Ltd. v. Dy.CIT (2018) 65 ITR 540 (Hyd.)(Trib.)

S. 32 : Depreciation-Pollution control equipment–Failure of the authorities to examine the nature of equipment–Matter remanded.

ACIT v. Ballarpur Industries Ltd. (2018) 64 ITR 21 (SN)/ 168 DTR 225 / 193 TTJ 521 (Nag.)(Trib.)

S. 28(i) : Business Loss — Write off of stores and parts -Imported goods were lying in custody of port authorities in bonded warehouse- Relinquishing its right and title to goods- Goods lost their life for use in its business-loss is incidental to business and allowable as business loss. [S. 37(1)]