Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Catherene Thomas (Smt.) v . ACIT (2020) 78 ITR 18 (SN)( Cochin) (Trib)

S. 45 : Capital gains – Long-term capital gains — Transfer of land — Fair market value —As on 1-4 1981 was directed to be adopted .

Barnala Steel Industries Ltd. v JCIT (2020) 78 ITR 29(SN) (Delhi) (Trib)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – General remark that payment made in cash due to business exigencies is held to be not acceptable.[ R.6DD ]

Trans Freight Containers Ltd. v. Dy. CIT (2020) 78 ITR 5 (SN) (Mum) (Trib)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Professional fees-Recipient paying tax on payment made – Disallowance is held to be not justified .

Barnala Steel Industries Ltd. v JCIT (2020) 78 ITR 29(SN) (Delhi) (Trib)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Failure to deduct tax on interest paid on loan- Recipient had declared the interest in the return- The assessee is directed to substantiate that recipient has shown the interest in his return. [ S.194A, 201(IA) ]

Shankar Gupta v. ITO (2020) 78 ITR 76 (SN) (Jaipur) (Trib)

S.37(1): Business expenditure — Defective goods – Addition based on presumptions and suspicions- Held to be not justified – Appeal – Commissioner (Appeals) -Power of enhancement- Enhancement of assessment had to be considered in the context of each issue raised in the appeal before the Commissioner (Appeals). [ S.251(2) ]

Pragnya Crest Properties Pvt. Ltd. v. Dy. CIT (2020) 78 ITR 43 (SN)(Bang) (Trib)

S.37(1): Business expenditure — Real estate development — Selling and administrative costs — Selling expenses – Revenue expenses after setting up of business is held to be allowable although revenue was not yet earned —Accounting Standard 7 .

Pampamaheshwar Ravindranath v. ACIT (2020) 78 ITR 68 (SN) ( Bang) (Trib)

S. 37(1) : Business expenditure -Payment to contractors benevolent Fund —Allowable subject to verification -Penalty- Delayed contract – Assessing Officer is directed to verify nature of default . 37(1) Explanation ]

Dwarkesh Infrastructure P. Ltd. Dy. CIT (2020) 78 ITR 33 (SN) ( Ahd) (Trib)

S.37(1): Business expenditure — Labour charges — Road construction business -Some labour contractors not having complete knowledge of contract and looked after by their husbands — Disallowance is not justified .

AddCIT v. National Research Development Corporation (2020) 78 ITR 56 (SN) ( Delhi) (Trib)

S. 37(1) : Business expenditure – Salaries to employees- Allowable as deduction – Explanation I is not applicable .

Century Link Technologies India Pvt. Ltd. v Dy. CIT (2020) 78 ITR 71 (SN) ( Bang) (Trib)

S.37(1) : Business expenditure -Capital or revenue – Leasehold premises — Nature of expenditure to be examined before applying provision relating to ownership of asset [ S.32(1), Expln. 1. ]