Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. ITC Infotech India Ltd. (2020) 182 ITD 101/(2021) 209 TTJ 735 (Kol.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Tested party-Cost Plus Method (CPM)-Audit of segmental accounts-Cannot be rejected on the ground that the Accounts of overseas entities were not audited.

Aithent Technologies (P.) Ltd. v. ITO (2020) 182 ITD 169 (Delhi) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Matter remanded to the TPO-Turnover cap-Goodwill-Loss making companies-Size and Economies of Sale/High Risk Companies.

ACIT v. WNS Global Services (P.) Ltd. (2020) 182 ITD 59 (Mum.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-ITES services did not form a single composite transaction-Transactions cannot be aggregated-Extended credit period-Addition of notional interest is held to be not justified.

AT & S Austria Technologie & Systemtechnik Aktiongesell Schaft v. DCIT (2020) 182 ITD 143 (Kol.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Loan and advance-Interest-CUP method-Reimbursement of expenses-No adjustment can be made-Corporate guarantee was extended by assessee as a shareholder activity-No adjustment can be made. [S. 92B]

Co-Operative House Building Society Ltd. v. DCIT (2020) 182 ITD 415 (Chd.)(Trib.)

S. 80P : Co-operative societies-Deposit from members-Assessing Officer passing the order, without verifying the licence to carryon banking business-Matter remanded to the Assessing Officer. [S. 80P(2)(a)(i)]

Ram Prakash Mahawar v. DCIT (2020) 182 ITD 55 (Jaipur) (Trib.)

S. 69A : Unexplained investment-Jewellery-Weight of jewellery allowed as per instruction No 1916, dt. 11-5-1994 need not be explained-Addition cannot be made-Over and above the quantity of the jewellery has been explained, no addition can be made.

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]