Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


New Kalpana Ent Udyog v. ITO (2020) 181 ITD 507 (Agra) (Trib.)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Truck drivers and agents – After banking hours at a village there was no banking facilities – Disallowance is held to be not justified [ R.6DD ]

Nokia India (P.) Ltd. v. DCIT (2020) 181 ITD 645 /114 taxmann.com 442 (Delhi) (Trib.)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Principal to Principal- Supply of cellular mobile phones, benefit extended to distributors could not be treated as commission liable for withholding tax under S, 194H or u/s 194J of the Act . [ S.194H, 194J ]

JCIT v. Karnataka Vikas Grameena Bank. (2020) 181 ITD 672 / 79 ITR 207 (Bang) (Trib.)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Interest other than interest on securities -Form 15G/15H- Procedural defects – Disallowance is held to be not justified .[ S.194A, Form No 15G/15H ]

Inter Globe Aviation Ltd. v. ACIT (2020) 181 ITD 225/ 194 DTR 81/ 207 TTJ 191 (Delhi) (Trib.)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Provision for expenses – Specific provision ascertained amount – Liable to deduct tax at source [ S.37(1) 145 ]

Peerless Hospitex Hospital & Research Centre Ltd. v. DCIT (2020) 181 ITD 446/ 196 DTR 57/ 207 TTJ 300 (Kol) (Trib.)

S.37(1): Business expenditure – Referral fees – Hospital, paid referral fee to doctors for referring their patients to assessee’s hospital- Regulations of Indian Medical Council was not applicable to pharmaceutical company or allied health sector industries- Entitled to deduction

Nokia India (P.) Ltd. v. DCIT (2020) 181 ITD 645 /114 taxmann.com 442 (Delhi) (Trib.)

S.37(1): Business expenditure -Trade Price Protection (TPP) extended to distributors for reduction in prices of products having been incurred wholly and exclusively for business, would be allowable as revenue expenditure

JCIT v. Karnataka Vikas Grameena Bank. (2020) 181 ITD 672 / 79 ITR 207 (Bang) (Trib.)

S. 36(1)(viia) :Bad debt-Provision for bad and doubtful debts – Schedule bank -Not debited to profit and loss account – Rejection of claim is held to be justified .

Benares Hotels Ltd. v. DCIT (2020) 181 ITD 486 (Varanasi) (Trib)

S. 35AD: Deduction in respect of expenditure on specified business-Hotels- Section per se does not require any specific date of operation- Denial of exemption is held to be not valid .

Empire Capital (P.) Ltd. v. ACIT (2020) 181 ITD 173 (Mum) (Trib.)

S. 23 : Income from house property – Annual value -Remained vacant throughout relevant year -No addition can be made on account of notional rent . [ S.22 ]

Jalendra Sahoo v. ITO (2019) 76 ITR 337 / 202 TTJ 1 (UO)/( 2020) 181 ITD 581 (Cuttack) (Trib.)

S. 15 : Salaries – Business income – Commission – Commission from employer is liable to be taxed as business income – TDS was deducted as salary – Matter remanded to the AO to verify the expenses incurred for earning of commission income . [ S.28 (i)]