Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rohan Agarwal v. ACIT (2020)82 ITR 39 (Jaipur)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Purchase of land under four deeds and one land by different sale deed-Merged to single plot-construction of house-Eligible for exemption for entire investment. [S. 45]

Yogini Mohit Sahita v. ITO (2020)82 ITR 15 / 208 TTJ 741 / (2021) 197 DTR 388 (SMC) (Mum.)(Trib.)

S. 45 : Capital gains-Relative occupying a Flat on licence basis-Flat Sold after demise of occupier-Amounts received by assessee as consideration for not interfering in possession of transfer-Not chargeable to tax as capital gains-No transfer of tenancy rights. [S. 48]

Dy. CIT v. Punjab National Bank (2020) 82 ITR 95 (Delhi)(Trib.)

S. 43B : Deductions on actual payment-Contribution towards provision for pension fund-Allowable-Provision for leave encashment-Disallowance confirmed. [S. 43B(f)]

Kendrapara Co-Operative Bank Ltd. v. ACIT (2020) 82 ITR 188 (Cuttack)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Failure to deduct tax at source-Disallowance is restricted to thirty percent.

MakeMy Trip (India) Pvt. Ltd. v. Dy. CIT (2020) 82 ITR 71 (Delhi) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment of gateway charges and other bank charges-Matter remanded to the Assessing Office.

Suresh Khatri v. ITO (2020) 82 ITR 29 (Luck.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Shipping expenses in nature of freight-Agent acting on behalf of Non-Resident ship owner or Charterer-Not required to deduct tax at source. [S. 172, 194C, 195]

Suresh Khatri v. ITO (2020) 82 ITR 29 (Luck.)(Trib.)

S. 37(1) : Business expenditure-Books of account not rejected-No Ad hoc disallowance can be made.

MakeMy Trip (India) Pvt. Ltd. v. Dy. CIT (2020) 82 ITR 71 (Delhi) (Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Advertisement, marketing and promotion expenses-Allowable as revenue expenditure. [S. 92CA(3)]

ACIT v. HDFC Bank Ltd.(2020) 82 ITR 533 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Bank-Broken period interest-Paid for securities at time of acquisition-Allowable as deduction-Appellate Tribunal-Pronouncement of 90 days-Lockdown period to be excluded [ITAT R.34(5)]

Capital Tours (India) P. Ltd. v. ITO (2020) 82 ITR 229 (Kol.)(Trib.)

S. 37(1) : Business Expenditure-Miscellaneous expenses-Transport Business In North East States-Expenses in cash for repairs of trucks in local repair shops-No disallowance can be made-Puja expenses-Only 10 % of expenses can be disallowed.