S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits -20% expenditure -Purchase of land as stock in trade -Villagers paid the amount in cash in the absence of banking facilities deletion of addition was held to be justified [ R.6DD(h)]
S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Evidence in the form of bills etc. was not produced. Disallowance was confirmed . [ R.6DD(h) ,(j )]
S.37(1): Business expenditure -Capital or revenue-Fees paid for Licence to use copy right was held to be allowable as revenue expenditure.
S. 14A : Disallowance of expenditure – Exempt income -Invested own money therefore no disallowance of interest can be made in respect of borrowed funds [S. 36(1)(iii), R.8D ]
S. 12A : Registration –Trust or institution- Cancellation notice having been issued on 6.03.2012, it did not suffer from any jurisdictional error. Matter was remanded to Tribunal to decide the issue on merits .[ S.2(15)]
S. 4 : Charge of income-tax -Compensation received for loss of source of income and non competition fee is held to be capital receipts [ S.17(3), 28(va), Prior to Amendment, 2016 wef 1-04-2107 ]
S. 2(22)(e):Deemed dividend- Trade advances which were in nature of commercial transactions cannot be assessed as deemed dividend
S. 271(1)(c) : Penalty – Concealment – Additional ground – Omission to strike off the relevant clause in the notice issued under section 271 r/w. section 271(1)(c) is a legal issue hence require to be admitted .No striking of the irrelevant clause in the notice clearly brings out the diffidence on the part of AO and no clear and crystalised charge has been conveyed to the assesse under S.271(1)(c), which has to be met by it. Proceedings suffer from non-compliance with principles of natural justice. Consequently, the penalty imposed was deleted .[ S.254(1) .
S. 271(1)(c) : Penalty – Claim for deduction of rental payments without deducting tax at source-Explanation stating that due to over sight was not accepted –Penalty was confirmed .
S. 271(1)(c) : Penalty -Concealment – Bogus purchases- Levy of penalty was held to be not justified .