Author: ksalegal

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PCIT v. Chain House International (P) Ltd. ( 2019) 307 CTR 19 (MP)(HC) Editorial : SLP of revenue is dismissed, (SLP No. 1992/2019,dt. 07.08.2018) PCIT v. Chain House International (P) Ltd. (SC), www.itatonline.org

S. 68 : Cash credits-Bogus share premium-Accomodation entries– Balance sheet and confirmation was filed-It is the prerogative of the Board of Directors to decide the premium and it is the wisdom of the shareholder whether they want to subscribe to shares at such a premium or not- Addition cannot be made on presmptions. [S. 69C, 131, 131(IA), 250(4)]

PCIT v. Bajaj Finance Ltd( 2019) 178 DTR 219/ 309 CTR 28. (Bom.)(HC), www.itatonline.org

S. 43D : Public financial institutions–Method of accounting-Accurval of income–Real income theory-Interest on NPAs-Even though the special provision in S. 43D for taxing interest income on NPAs on receipt basis does not apply to NBFCs, it does not mean that NBFCs have to offer interest on bad or doubtful debts to tax on accrual basis. Such interest is not taxable on the real income theory. [S. 145]

PCIT v. Make My Trip India Pvt. Ltd( 2019) 263 Taxman 271/ 178 DTR 106 / 308 CTR 833 (Delhi)(HC), www.itatonline.org

S. 40(a)(ia) : Amounts not deductible-Deduction at source– Payment gateway charges paid to a bank for swiping credit cards are in the nature of fees for banking services and not “commission” or “brokerage”-Not liable to deduct tax at source- No disallowances can be made.[S.194H, 195(3)]

PCIT v. Bajaj Finance Ltd( 2019) 178 DTR 219/ 309 CTR 28(Bom.)(HC), www.itatonline.org

S. 14A : Disallowance of expenditure-Exempt income–Not recorded the satisfaction for not accepting the disallowance- Deletion of addition is held to be justified. [R. 8D]

PCIT v. Oil Industries Development Board (2019) 262 Taxman 102 (SC), www.itatonline.org Editorial : PCIT v. Oil Industries Development Board (2019) 103 taxmann.com 325 (Delhi)(HC) is affirmed .( ITA No. 187/2018 dt 16-02-2018)

S. 14A : Disallowance of expenditure-Exempt income-In the absence of any exempt income- No disallowance can be made. [R. 8D]

Mukesh Choksi v. ACIT (OSD) (2019) 175 ITD 394 (Mum.)(Trib.)

S. 271B : Penalty-Failure to get accounts audited-Accommodation entries–Gross amount received to be considered for computing monetary limits of Rs. 40 lakhs and not the commission earned by him –levy off penalty is held to be justified. [S. 44AB]

Malayalam Communications Ltd. v. ITO (2019) 175 ITD 433/199 TTJ 502/ 177 DTR 85 (Cochin)(Trib.)

S. 194C : Deduction at source–Contractors-Payments to artists-Participation in reality show–Payment made do not fall within the ambit of S.194J as professional fees. [S.194J, 201(1)]

DCIT v. Bardoli Vibhag Gram Udyog Vikas Co-op Credit Society Ltd. (2019) 175 ITD 471 (Surat) (Trib.)

S. 80P : Co-operative societies–Entitle deduction in respect of interest earned from co-operative societies.[S. 80P(2)(a)(i), 80P(2)(d)].

SC Johnson Products (P.) Ltd. v. DCIT (2019) 175 ITD 477 (Delhi) (Trib.)

S. 80IB : Industrial undertakings-Production and sale of mosquito repellents-In absence of any other rational basis for allocating income for computation of amount eligible for deduction, ratio of excisable value of output of non-eligible unit vis-a-vis that of eligible units would constitute a good basis for bifurcation of income Matter remanded.

Shree Surat Jilla Leuva Patidar Samaj. V. CIT (2019) 175 ITD 469 (Surat)(Trib.)

S. 80G : Donation–Matter remanded to CIT(E) for verification of genuineness of activities of trust.[S. 80G (5)]