Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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.

Jaipur Boutique Carpet v. ITO (2021) 189 ITD 305 (Jaipur)(Trib.)

S. 37(1) : Business expenditure-Commission-AO failed to considered the letter submitted by recipient wherein confirmed that entire commission paid was for relevant assessment year, matter needs remanded for consideration. [S.254(1)]

Muneer Enterprises v. ACIT (2021) 189 ITD 7/ 213 TTJ 361/ 205 DTR 241 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Penal in nature-Contributed 15 per cent of sale proceeds to SPV account, these payment did not fall under category of penalty-Allowable as deduction. [Explanation 1 to section 37 (1)]