Author: ksalegal

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Kotak Mahindra Bank Ltd. v. DCIT (2025) 211 ITD 608 (Mum) (Trib.)

S. 50 :Capital gains-Depreciable assets-Block of assets-Immovable property-Stamp value and actual consideration-Matter is remanded to Assessing Officer for de novo consideration as per the provisions of section 43CA read with section 50C of the Act.[S.43CA, 45, 50C]

ACIT v. Pavani Structurals (P.) Ltd. (2025) 211 ITD 415 (Hyd) (Trib.)

S. 48 : Capital gains-Mode of Computation-Sale consideration-Joint development agreement-Merely on the basis of statement-Addition cannot be made.[S. 45, 132(4)]

Kailash Ramavatar Goenka. v. ACIT (2025) 211 ITD 317 (Ahd) (Trib.)

S. 48 : Capital gains-Mode of Computation-Cost of acquisition-Unaccounted receipts taxed as part of capital gains, related unaccounted expenditure cannot be taxed separately-Cash payments related to personal expenses, were sourced from unaccounted receipts-Personal expenditure is deleted. [S.45 69C]

Mashreq Bank Psc. v. CIT (IT) (2025) 211 ITD 511/ 233 TTJ 881(SB) (Mum) (Trib.)

S. 44C : Non-residents-Head office expenditure-Head office expenses-Allocated to PE in India-Allowed full-Prior to amendment of article 7(3) of India-UAE DTAA by way of protocol dated 28-11-2007-Expenditure incurred outside India exclusively for operations of Indian branches would not fall within ambit of section 44C-Allowable in full-DTAA-India-UAE [Art. 7]

Bansal Land Developers. v. ITO (2025) 211 ITD 658 (Pune) (Trib.)

S. 43CA : Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Developer-Booking of flat-Addition is deleted.[S. 43CA(3), 43CA (4), 50C]

Kotak Mahindra Bank Ltd. v. DCIT (2025) 211 ITD 608 (Mum) (Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Bad debts written off-Matter is remanded for de novo consideration.[S. 131, 133(6)]

Chandra Moolchand Jain. (Smt.) v. ITO (2025) 211 ITD 398 (Bang) (Trib.)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Payments were made on bank holidays-Issue is restored back to file of Assessing Officer for examination afresh.

ITO (IT) v. Hartaj Sewa Singh. (2025) 211 ITD 179 (Kol) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Payment of advisory fee to a foreign company-Not fees for technical services-Not liable to deduct tax at source-DTAA-India-Singapore. [S. 9(1)(vii), 195, Art. 12]

DCIT v. NTT Global Data Centres Cloud Infrastructure India (P.) Ltd. (2025) 211 ITD 640 (Mum) (Trib.)

S. 37(1) : Business expenditure-Finance lease rental-Providing remote infrastructure management, remote helpdesk, remote network monitoring services and other services for foreign customers-Allowable as business expenditure.

Axis Bank Ltd. v. ACIT (2025) 211 ITD 650 /235 TTJ 209 (Ahd) (Trib.)

S.37(1): Business expenditure-Service tax payment-Corporate agency agreement-Allowable as deduction.