S. 80P : Co-operative societies -Primary agricultural credit society – Interest earned on investments made with Sub-treasuries entitled to benefit of deduction [ S80P(2)(a)(i)]
S. 80P : Co-operative societies -Primary agricultural credit society – Interest earned on investments made with Sub-treasuries entitled to benefit of deduction [ S80P(2)(a)(i)]
S.37(1): Business expenditure -Capital or revenue -Expenditure incurred on renovation of leasehold building is revenue expenditure .
S.37(1): Business Expenditure — Bogus purchases — Disallowance of 15% of unverifiable purchases is held to be justified .
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.
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 ]
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 ) ]
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 ]
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 ]
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
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)]