Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shantananda Steels (P.) Ltd. v. ITO (2020) 182 ITD 434 / 195 DTR 417 / 208 TTJ 672 (Chennai)(Trib.)

S. 68 : Cash credits-Share capital-Mere submission of name and address of creditor, income tax returns, balance sheet/statement of affairs of creditor and bank statement of creditor is not sufficient.

Jagdish Prasad Sharma v. ITO (2020)182 ITD 246 (Delhi) (Trib.)

S. 68 : Cash credits-Cash deposited-Bank-Sale of Agricultural land-Gift-Failed to show the creditworthiness-Addition is held to be justified-Enhancement without giving an opportunity of hearing is held to be bad in law. [S. 251]

Uday Gopal Bhaskarwar v. ACIT (2020) 182 ITD 216/ 186 DTR 65/ 203 TTJ 776 (Pune)(Trib.)

S. 64 : Clubbing of income-Spouse-Wife invested gifted amount in business of Futures and Options (F&O)-Loss incurred by wife is Liable to be clubbed in hands of assessee for the purpose of set off. [S. 64 (1)(iv)]

Redwood IT Services (P.) Ltd. v. ITO (2020) 182 ITD 1 (Mum.) (Trib.)

S. 56 : Income from other sources-Compensation from Tenant for not letting out two units without the consent-Assessable as income from other sources and not as income from house property. [S. 22, 23]

Ritz Suppliers (P.) Ltd. v. ITO (2020) 182 ITD 227 / 187 DTR 175 / 204 TTJ 383 (SMC) (Kol.)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Lease hold rights-99 years lease-Provision is not applicable-Addition is deleted. [S. 45, 48, Wealth-tax Act, 1957, S. 5(1)(xxxii)]

ING Bewaar Maatschappij I BV v. DCIT (IT) (2019) 202 TTJ 1049/ 184 DTR 321 / (2020) 182 ITD 529 (Mum.)(Trib.)

S. 45 : Capital gains-Foreign Institutional Investor (FII)-Income deemed to accrue or arise in India-Status of beneficiaries or constituents of tax transparent entities is relevant for purpose of determining treaty protection to trustee in representative capacity-Capital gains, on sale of shares in hands of assessee and investors, it represents as trustee, were treaty protected from taxation in India. DTAA-India Netherlands. [S. 9(1)(i), Art. 13]

Maritime Vanguard Pte. Ltd. v. ACIT (IT) (2020) 182 ITD 339 (Mum.)(Trib.)

S. 44BB : Mineral oils-Computation-Royalty-Substance of contract-Matter remanded-DTAA-India-Singapore. [S. 9(1)(vi), Art. 5, 12]

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.