Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Himalayan Darshan Developers (Gujarat) Pvt. Ltd. (2021) 212 TTJ 738 / 205 DTR 73 / 88 ITR 94 (Ahd.)(Trib.)

S. 50C : Capital gains-Full value of consideration-The value adopted by the stamp valuation authority on the date of agreement to be taken as full value of sale consideration. [S. 45, 132, 153C]

ITO v. Amit Murlidhar Kamthe L/H of Shri Murlidhar Kamthe (2021) 212 TTJ 383 / 88 ITR 17 (SN)/ 202 DTR 329 (Pune)(Trib.)

S. 47 : Capital gains-Short term-Transfer-Any transaction involving the allowing of the possession of any immoveable property-Invoking section 53 of Transfer of Property Act-not a transfer-Addition was deleted. [S. 2 (47)(v), 48, Transfer of Property Act,1882, S. 53A]

Aditya Balkrishna Shroff v. ITO (2021) 189 ITD 587 / 211 TTJ 935 / 203 DTR 33 (SMC) (Mum.)(Trib.)

S. 45 : Capital Gain-Benefit or gain on realization of loan issued in foreign currency on account of foreign exchange fluctuation-In capital field cannot be held to be in the nature of interest and taxed as income from other sources. [S. 2(24)(vi), 2(28A), 56]

Ashok Kumar v. Dy. CIT (CPC)(2021) 189 ITD 687 (Chd.)(Trib.)

S. 43B : Certain deductions only on actual payment-Rent received-Local taxes-GST unpaid-Matter remanded. [S. 22, 23, 254(1)]

Shri Ishtiyaq Ahmed Anurag Maheshwari & Co. v. CIT (2021) 189 ITD 73 (Delhi) (Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Failure to verify relevant documents-Matter remanded. [R. 6DD]

Altisource Business Solutions Private Ltd. v. ACIT (2021) 189 ITD 369 (Bang.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Software purchase-Not royalty-Not liable to deduct tax at source [S.9(1), (vi), 195, 201(1), 201(IA)]

Ajay Kumar Singh Gaur v. ITO (2021) 189 ITD 696 (Agra)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Commission-Agents residing outside India-Not liable to deduct tax at source.[S. 9(1)(i), OECD Model Tax Convention, Art. 7]

Pricewaterhouse Coopers (P.) Ltd. v. ACIT (2021) 189 ITD 329 (Kol.)(Trib.)

S. 37(1) : Business expenditure-Non-compete fees-Paid to individuals who had experience in business of consultancy for not to engage themselves in similar kind of business activities for a period of 3 years, such consideration was independent and not part of cost of acquisition of business, such fee was to be allowed as revenue expenditure.

Pricewaterhouse Coopers (P.) Ltd. v. ACIT (2021) 189 ITD 329 (Kol.)(Trib.)

S. 37(1) : Business expenditure-Foreign exchange loss-neither speculative loss within meaning of s.43(5), nor same was notional or contingent in nature, same being loss on foreign exchange derivatives allowed. [S.43 (5)]

Jayant Packaging (P.) Ltd. v. DCIT (2021) 189 ITD 321 (Chenni)(Trib.)

S. 37(1) : Business expenditure-Factory shifting expenditure-Transportation expenditure from one site to another site, did not give any enduring benefit, same could not be treated as capital in nature.