Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Techbook International Pvt. Ltd. v. ACIT (2020) 84 ITR 377 (Delhi) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Outstanding Receivables-Interest for realisation of trade advances up to 150 days-Interest for delay above 150 days alone should be considered Prime lending rate should not be considered-Currency in which loan to be repaid. [S. 92B]

IMS Health Analytics Services Pvt. Ltd. v. ACIT (2020) 84 ITR 277 (Bang.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Five companies to be excluded from final list of comparables. [S. 92CA]

Haier Appliances India Pvt. Ltd. v. Dy. CIT (2020) 84 ITR 521 (Delhi) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Advertisement, marketing and sales promotion expenses-Business Of Distributing-Not a case of adding value to goods-Sale and distribution expenses to be excluded. [S. 92CA(3)]

Vedanta Ltd. v. ACIT (2020) 84 ITR 84 (Delhi)(Trib.)

S. 80GGB : Contribution-Companies-Political parties-Returned income was loss-If the assessed income is positive the claim has to be allowed after verification.

Megha Property Developers Ltd. v. ITO (2020) 84 ITR 406 (Mum.) (Trib.).

S. 73 : Losses in speculation business-Futures and options derivative transactions-Deriving 69 Per Cent. of its gross total income from various heads-Explanation is not applicable-Business loss and can be set off against other business income-Derivatives carried out in recognised Stock Exchange through registered stock broker-Transaction not deemed to be speculative transaction-Eligible to be set off-Apportionment of expenditure is directed to be followed. [S. 28(i), 43(5)(d)]

Dy.CIT v. Garg Acrylics Ltd. (2020) 84 ITR 537 (Delhi)(Trib.)

S. 69 : Income from undisclosed sources-Bogus purchases-Books of account not rejected-Deletion of addition is affirmed. [S. 133A, 144]

Dr. P. Visweswara Rao v. ITO (2020) 84 ITR 423 (Vishakha)(Trib.)

S. 68 : Cash credits-Advance paid for acquisition of Lands through mediator-Refund of money-Addition cannot be made as cash credits.

Matarani Vintrade Pvt. Ltd. v. ITO (2020) 84 ITR 432 (Kol.)(Trib.)

S. 68 : Cash credits-Share capital-Identity, creditworthiness and genuineness established-Addition deleted-Enhancement by CIT (A) was quashed. [S. 131, 251(2)]

Dy.CIT v. Garg Acrylics Ltd. (2020) 84 ITR 537 (Delhi)(Trib.)

S. 68 : Cash credits-Issue of shares at premium-Based on share valuation-Identity and creditworthiness is established-Addition is held to be not valid. [S. 133(6)]

CIT v. Ashok Agarwal (HUF) (2020) 84 ITR 54 / 207 TTJ 608 (Jaipur)(Trib.)

S. 56 : Income from other sources-Real estate developer-Stock in trade-Capital asset-Consideration less than stamp valuation-Addition cannot be made. [S. 2(14), 56(2)(vii)(b)]