Author: ksalegal

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ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)

S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable – Rent paid to guest house – Payment being comparable no disallowance can be made .

National Sales Corporation v. ITO ( 2018) 400 ITR 463 (Bom) (HC)

S. 40(b)(i) : Amounts not deductible – Partner – Book profit- Once cash advances was assessed as business income the same has to be taken in to consideration for the purpose of book profit [ S.28(i), 133A ]

DCIT v. Vibrant Securities (P.) Ltd. (2018) 168 ITD 47 (Mum) (Trib.)

S.40(a)(ia):Amounts not deductible – Deduction at source – Transaction charges paid by stock broker cannot be held to be fees for technical services hence not liable to deduct tax at source. No disallowance can be made. [ S.194J ]

ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)

S. 40(a)(ii) : Amounts not deductible – Rates or tax – Education Cess was held to be not allowable as business expenditure [ S. 37(1) ]

Bank of Tokyo-Mitsubishi, UFJ Ltd. v. DCIT (2018) 61 ITR 272 (Delhi) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source – Interest paid to head office abroad — Income received on account of interest from Indian branches — Indian Branches are not required to deduct tax at source [ S. 195 ]

ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source- Gas Transmission charges cannot be treated as fees for technical services hence the assessee was not liable to deduction of tax at source u/s 194J . [ S. 194C, 194J ]

DCIT v. KPMG Advisory Services (P.) Ltd. (2018) 168 ITD 34 (Mum) (Trib.)

S.40(a)(ia):Amounts not deductible – Deduction at source -Reimbursement of expenses -Not liable to deduct tax at source- No disallowance can be made for failure to deduct tax at source .[ S. 194I ]

Vardhvinayak Township Development (P.) Ltd. v. DCIT (2018) 168 ITD 456 (Mum) (Trib.)

S.40(a)(ia):Amounts not deductible – Deduction at source – Recipients had offered the income ,hence no disallowance can be made . The AO was directed to verify said aspects

DCIT v. Vantage Advertising P. LTD. (2018) 61 ITR 564 (Kol.) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source- Advertisement on hoardings- Short deduction of tax at source applying wrong section , no disallowance can be made. [ S. 194C, 194I ]

DCIT v. Associated Pigments Ltd. (2018) 61 ITR 553 (Kol) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source – Payment to foreign shipping companies ,S. 172 is applicable hence not liable to deduct tax at source [ S. 172 ,194C, 195 ]