Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kempsz Trading (P.) Ltd. v. DCIT (2020) 182 ITD 236 (Bang.) (Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-No banking facility was available at quarry site-Disallowance is held to be not justified-Cash expenditure-Disallowance is restricted to 5% of cash expenditure exceeding Rs. 20,000. [R. 6DD]

SGS India (P.) Ltd. v. ACIT (2020) 182 ITD 498 (Mum.)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Testing charges-Not liable to deduct tax at source-Services rendered outside India-Reimbursement expenses-No disallowance could be made-Amendment by Finance Act, 2014, restricting disallowance to 30 per cent of amount paid on which tax had not been deducted at source, will have no retrospective operation-OECD Model Tax Convention, Art 12. [S. 9(1)(vii), 40(a)(i), 195]

Vantage Advertising (P.) Ltd. v. DCIT (2020) 182 ITD 39 (Kol.)(Trib.)

S. 36(1)(vii) : Bad debt-Amount written off-Notice could not be served randomly-Amount could not be disallowed.

Sanjay Brahmdev Kapoor v. ACIT (2020) 182 ITD 243 (Mum.) (Trib.)

S. 23 : Income from house property-Annual value-Valuation by Municipal Authorities determining the Annual value of a property cannot be rejected. [S. 22, 24]

DCIT v. Asian Grantio India Ltd. (2020) 182 ITD 441 (Ahd.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot be made in absence of exempt income. [S.10(34), R. 8D]

Vidya Bharati Society For Education & Scientific Advancement v. ACIT (2020) 182 ITD 282 (Kol.)(Trib.)

S. 11 : Property held for charitable purposes-Annual Development fee-For development of school building-Not to be treated as revenue receipt-Prior to 1-4 2015 , depreciation is allowable eve if the such asset was treated as application of income. [S. 32]

Surat Urban Development Authority (Suda) v. DCIT (2020) 182 ITD 20 (Ahd.)(Trib.)

S. 11 : Property held for charitable purposes-Regulatory body-Development Authority-Implementation of development measures-Charitable in nature-Entitle to exemption. [S. 2(15), 12, 12AA, Gujarat Town Planning and Urban Development Act, 1976]

Sri Srinivasa Educational & Charitable Trust v. ACIT (2020) 182 ITD 554 (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Application of income-Amount spent on construction of buildings-Exemption cannot be denied on the ground that the amount was spent in cash-No payment was made to have been made to alleged related persons. [S. 13(1)(c), 13(3), 132]

Solitaire Diamond Exports v. ITO (2020) 182 ITD 474 (Mum.) (Trib.)

S. 10AA : Special economic zones-Service-Trading activity-Import of diamonds for re-export from SEZ Unit, same being trading activity falling within ambit of Service as per SEZ Rules-Entitled to deduction. [SEZ, Act, 2005, S. 51, Special Economic Zones Rules, 2006 R. 76]

Lakshmamma (Smt.) v. ITO (2020) 182 ITD 408 (Bang.)(Trib.)

S. 10(37) : Capital gains-Agricultural land-With in specified urban limits-Interest received on enhanced compensation-Eligible for exemption. [Land Acquisition Act, 1894, S.28 ]