Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Futura Polyster Ltd. v. ITO (2020) 184 ITD 158 / 213 TTJ 625 (Mum.)(Trib.)

S. 45 : Capital gains-Sale of land-Possession was not handed over-Execution of cancellation deed-No Transfer not liable to capital gains tax-Capital gain is not liable to be taxed though offered in the return of income. [S. 2(47)(v), Transfer of Property Act, 1882, S. 53A]

Air France v. ACIT (IT) (2020) 82 ITR 301 / 184 ITD 412 / 208 TTJ 912 (Delhi) (Trib.)

S. 44D : Foreign companies-French airlines-Shipping, inland waterways transport and air transport-Technical services-Handling services-Pool member and providing service in that capacity to guest members would come under purview of Article 8(2) of DTAA between India and France-DTAA-India-France-Addition confirmed by the CIT(A) was deleted. [S. 9(1)(vii), 90, 115A, Art. 7, 8(2)]

Futura Polyster Ltd. v. ITO (2020) 184 ITD 158/( 2021) 213 TTTJ 625 (Mum.)(Trib.)

S. 43B : Deductions on actual payment-VAT and excise duty-Closing balance of earlier years cannot be added back.

DCIT v. DML Exim (P.) Ltd. (2020) 184 ITD 432 (Rajkot)(Trib.)

S. 43(5) : Speculative transaction-Forward contract-Hedging currency-loss due to fluctuation in foreign exchange-Not speculative-Allowable as business loss. [S. 28(i), 37(1)]

Ashok Motors v. DCIT (2020) 184 ITD 525 (Gauhati)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Advance cash was returned back-Matter remanded.

BBR Projects (P.) Ltd. v. ITO (2020) 184 ITD 842 (Hyd.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Interest payment-Second proviso to section 40(a)(ia) coming into effect from 01-04-2012 by Finance Act, 2012, disallowance was to be deleted and, matter was to be remanded back for disposal afresh. [S. 201(1)]

DCIT v. DML Exim (P.) Ltd. (2020) 184 ITD 432 (Rajkot)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Commission to foreign parties-Short deduction of tax at source-No disallowance can be made-Model OECD Convention-Art. 7. [S. 9(1)(i)]

Muradul Haque v. ITO (2020) 184 ITD 58 / 84 ITR 396 (Delhi) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Non-resident-Amendment made by Finance Act (No. 2) to section 40(a)(ia) with effect from 01-04-2015, is curative in nature and thus said provision has to be applied retrospectively.

Mahindra & Mahindra Ltd. v. ACIT (2020) 184 ITD 621 (Mum.) (Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Technical know-how-For upgrading engines of vehicles so as to make emission normal and also to make vehicles eco-friendly-Capital in nature-Entitle depreciation. [S. 32]

Mahindra & Mahindra Ltd. v. ACIT (2020) 184 ITD 621 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Expenditure towards joint venture-Held to be capital in nature-Travel expenses-mergers and acquisitions of entities engaged in similar business-Held to be capital in nature-Consultancy fees-For developing new range of tractors and also upgradation of existing range of tractors, said expenditure was to be treated as capital in nature-Staff cost revenue nature.