Author: ksalegal

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Joy Alukkas (India) Ltd. v. ACIT (2018) 65 ITR 409 (Cochin ) (Trib)

S.37(1): Business expenditure -Capital or revenue -Expenditure incurred on renovation of leasehold building is revenue expenditure .

ACIT v. Sharma East India Hospitals And Medical Research Ltd. (2018) 65 ITR 46 (SN) (Jaipur ) (Trib)

S.37(1): Business Expenditure — Bogus purchases — Disallowance of 15% of unverifiable purchases is held to be justified .

Joy Alukkas (India) Ltd. v. ACIT (2018) 65 ITR 409 (Cochin ) (Trib)

S.36(1)(iii): Interest on borrowed capital — Disallowance on interest debited to profit and loss account as attributable to amounts invested in capital work-in-progress is justified.

M. Junction Services Ltd. v. (2018) 65 ITR 40 (SN) (Kol) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Assessing Officer not giving cogent reason for rejecting suo motu disallowance made by Assessee — Assessee need not maintain separate books for expenses incurred in earning exempt income —No disallowances can be made . [ R.8D ]

Inspectorate International Ltd. v. ACIT (2018) 65 ITR 333/ 171 ITD 630 (Delhi) (Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services – Inspection and survey of imported and exported cargo and certifying in relation to quality and price — No technical knowledge, experience, skill, know-how or processes made available to recipient of service — Not chargeable to tax in India -DTAA- India – UK [ Art.13(4)(c ) ]

D. S. Senthilvel v. TRO (2018) 405 ITR 202/ 256 Taxman 179 / 166 DTR 278 / 304 CTR 49 (Mad) ( HC)

S. 281 : Certain transfers to be void -Tax Recovery Officer could not declare a transaction of transfer as void, if revenue wants to have transaction nullified, it must go to civil court to seek declaration to that effect. [ S. 222, Second Schedule , R.11 ]

Kaypee Electronics & Associates (P.) Ltd. v. DCIT (2018) 256 Taxman 163 (Karn)( HC)

S. 92C : Transfer pricing – Arm’s length price – Royalty paid was already forming part of operating cost, there is no necessity of separately benchmarking royalty.-Matter remanded to Tribunal ]

J. Stephen v. ITO (2018) 256 Taxman 172 / (2020)425 ITR 561 (Mad) (HC)

S.68: Cash credits- Loan from relative- Cash deposit in to Bank account- Cash deposited from sale of property – Failure to produce sale deed- Cash was deposited even before date of alleged sale agreement- Addition is held to be justified

CIT v. J.B. Memorial Manas Academy Management Society. (2018) 256 Taxman 191/ 303 CTR 811/ 166 DTR 329/( 2019) 415 ITR 271 (Uttarakhand )(HC)

S. 10 (23C): Educational institution-Disproportionate fee structure -Maximum money for purpose of expansion of institution-Matter remanded to decide the issue after considering the ratio in American Hotel & Lodging Association Institute v CBDT ( 2008) 301 ITR 86 (SC) and Queen’s Educational Society v CIT( 2015) 372 ITR 699 ( SC) .[ S.10(23C)(vi)]

Societe De Promotion Et De Participation Pour La Cooperation Economique, In re (2018) 256 Taxman 129//166 DTR 361 / 303 CTR 144 (AAR )

S. 9(1)(i): Income deemed to accrue or arise in India – Business connection -Front-end fee payable by a customer in India, for appraisal of loan application carried out outside India, under financing arrangement with Applicant is not taxable as income from ‘interest’ and said fee is also not taxable as fee for technical services (FTS) under as they do not pass ‘make available’ test- Not liable to deduct tax at source – DTAA India- France [S.195 , Art 12 , 13 ]