Author: ksalegal

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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.

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

S.37(1): Business expenditure-Expenditure incurred on sale of commercial space-Payment was made by cheque-Order of CIT(A) deleting the addition is affirmed.

JIL Information Technology Ltd. v. ACIT (2025) 211 ITD 277 (Lucknow) (Trib.)

S.37(1): Business expenditure-Capital or revenue-Retainership fees to two foreign agents for marketing and business development-Allowable as revenue expenditure.

Rameshchandra Balachand. v. JCIT (OSD) (2025) 211 ITD 24 (Mum) (Trib.)

S.37(1): Business expenditure-Remuneration paid to partner-Maintenance of account-Allowable as deduction. [S. 153A]

DCIT v. Gulermak TPL Joint Venture. (2025) 211 ITD 349 (Mum) (Trib.)

S.37(1): Business expenditure-Fees for technical services to a foreign company for selection of suitable technical staff for project, review of contractual documents, etc-Allowable as business expenditure.