Author: ksalegal

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National Oil Well Maintenance Company. v. DCIT IT (2018) 168 ITD 385 (Jaipur ) (Trib.)

S. 44BB : Mineral Oils – Computation – Income deemed to accrue or arise in India- Royalties and fees for technical services -Specific provision is applicable and provision of S.44DA is not applicable- Article 12 of OECD Model Convention [ S.9(1)(vii), 44DA ]

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

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Benefit from Pre-payment of deferred Sales Tax Liability cannot be assessed u/s 41(1).

CIT v. Banaras House Ltd. (2018) 402 ITR 88 (Delhi) (HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Creditors were paid in subsequent years hence addition was held to be not justified .

CIT v. Balkrishna Industries Ltd. (2018) 252 Taxman 375 / 300 CTR 209/ 161 DTR 185 (SC) Editorial: CIT v. Sulzer India Ltd ( 2014) 369 ITR 717/ ( 2015) 229 Taxman 264 ( Bom) (HC) is affirmed.

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Deferral sales tax Scheme -Premature payment in terms of net present value (NPV) of same cannot be assessed as remission or cessation of liability [ S.43B ]

ACIT v. Kiwifx Solutions. (2018) 61 ITR 780 (Ahd) (Trib)

S.40A(3):Amounts not deductible-Hotel and restaurant bills –Each payment is less than Rs 20,000/ hence disallowance was held to be not valid .

ITO v. Samwon Precision Mould Mfg. India Pvt. Ltd. (2018) 401 ITR 486 (Delhi) (HC)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits -Amount being small and genuineness of payment was not doubted no disallowance can be made .

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) ]