Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ITO v. Buniyad Developers (P.) Ltd. (2020) 185 ITD 854 (Delhi) (Trib.)

S. 115JB : Book profit-Exempt income-Credited to the profit and loss account-Reduced while computing book profit [S.10]

Hespera Realty (P.) Ltd. v. DCIT (2020) 82 ITR 557 / 185 ITD 865 / (2021) 210 TTJ 214/ 206 DTR 225 (Delhi)(Trib.)

S. 115JB : Book profit-Amalgamation-Revaluation reserve-Up word adjustment made by the AO was deleted-Loss incurred on account of redemption of mutual fund could not be added in business profit. [S. 94]

Windsor Machines Ltd. v. DCIT (2020) 81 ITR 41 / 185 ITD 576 / 206 TTJ 148 / (2021) 199 DTR 79 (Mum.)(Trib.)

S. 115JB : Book profit-Net worth turned positive-Discharged by he Sick Industrial Companies (Special Provisions) Act, 1985-Liable to be assessed on book profit-Matter remanded to pass speaking order-COVID 19 pandemic lockdown period would be excluded in computing 90 days total time limit for pronouncing appellate order. [S. 255, SICAS. S. 17]

Windsor Machines Ltd. v. DCIT (2020) 81 ITR 41 / 185 ITD 576 /206 TTJ 148/ (2021) 199 DTR 79 (Mum.)(Trib.)

S. 115JB : Book profit-Net worth turned positive-Discharged by he Sick Industrial Companies (Special Provisions) Act, 1985-Liable to be assessed on book profit-Matter remanded to pass speaking order-COVID 19 pandemic lockdown period would be excluded in computing 90 days total time limit for pronouncing appellate order. [S.255, SICAS S. 17]

Windsor Machines Ltd. v. DCIT (2020) 81 ITR 41 / 185 ITD 576 /206 TTJ 148 /(2021) 199 DTR 79 (Mum.)(Trib.)

S. 115JB : Book profit-Net worth turned positive-Discharged by he Sick Industrial Companies (Special Provisions) Act, 1985-Liable to be assessed on book profit-Matter remanded to pass speaking order-COVID 19 pandemic lockdown period would be excluded in computing 90 days total time limit for pronouncing appellate order. [S. 255, SICAS S. 17]

Tivo Tech (P.) Ltd. v. DCIT (2020) 185 ITD 209 (Bang.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Working capital-Captive service provider-No negative working capital adjustment could be made.

Mahindra Heavy Engines Ltd. v. ACIT (2020) 185 ITD 291 (Mum.) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Royalty-Bench mark analysis-Matter remanded.

United Online Software Development (India) (P.) Ltd. v. DCIT (2020) 185 ITD 15 (Hyd.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Shown margin of 9.02 per cent as against average margin of final comparables adopted by TPO at 22.69 per cent-High Turnover having brand value to be excluded-Matter remanded to TPO for denovo consideration-Provisions for bad debts as non-operating expenditure only in case of three comparable companies-Foreign exchange loss being not an extra-ordinary item in relevant year to assessee alone and similar loss being incurred by comparable companies, it was not a distinguishing factor to be considered for arriving at ALP.

Hamon Cooling Systems (P.) Ltd. v. DCIT (2020) 185 ITD 23/196 DTR 97 / 208 TTJ 725 (Mum.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Allowability of expenditure-TPO has no authority to disallow the expenditure-ALP adjustment cannot be equated with disallowance of expenses. [S. 37(1)]

KBACE Technologies (P.) Ltd. v. Dy. CIT (2020) 185 ITD 164 (Bang.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Companies whose turnover was less than or more than 10 times turnover of assessee could not be considered as comparable companies-Loss making companies in three financial years were to be excluded from list of comparables-Export filter turnover-Substantial expenditure on R &D-Matter remanded-As per retrospective amendment to section 92B w.e.f. 1-4-2002 deferred payment on receivables or any other debt arising during course of business was an international transaction. [S. 92B]