Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Tapi Jwil JV v.ITO (2023)108 ITR 27 (Delhi) (Trib)

S. 40A(2): Expenses or payments not deductible-Excessive or unreasonable-Joint venture-Assessing Officer had not brought any comparable figures to disallow expenditure —Addition is deleted. [S.40A(2)(b)]

Rajhans Paper Co. v.ITO (2023)108 ITR 176 (Mum) (Trib)

S. 40(b)(i) : Amounts not deductible-Partner-Salaries-Bonus-Commission-Remuneration-Income from other sources-Business income-Unexplained excess stocks-Survey-Excess stocks chargeable to tax as business income-Eligible for deduction for remuneration payable to partners. [S.133A]

Meridian Telesoft Ltd. v. Asst. CIT (2023)108 ITR 37 (SN)(Ahd) (Trib)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Certificate from Chartered Accountant that payee has included amount in question in his return and paid tax thereon-Assessee is not in default-Disallowance is deleted.[S. 194A, 201(1)]

Dy. CIT v. CLP India.P. Ltd (2023) 108 ITR 248 (Ahd)(Trib)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Interest-Interest on loans paid to Indian and Foreign banks-Legal fees-Not liable to deduct tax at source-Disallowance is not justified-DTAA-India-USA-Rebate for early payment is not interest-Not liable to deduct tax at source.[S.2(28A), 194A, 195, Art. 12]

Sai Life Sciences Ltd. v. Dy. CIT (2023)108 ITR 34 (SN)(Hyd) (Trib)

S. 37(1) : Business expenditure-Lease rentals on vehicles and computers-Matter remanded to the Assessing Officer.

Rudra Industries v. ITO (2023)108 ITR 33 (SN)(Hyd) (Trib)

S. 37(1) : Business expenditure-Value added tax and central sales tax-Sums not shown to have been paid into Government treasure -Claiming fraud committed by agent-Complaint filed against tax Auditor and copies of first information report and crime investigation department report produced before Commissioner (Appeals) —Matter remanded to the Assessing Officer for verification.

ITO v. Umed Meghraj Jain (2023)108 ITR 58 (SN) (Ahd) (Trib)

S. 37(1): Business expenditure-Fuel charges, cleaning wages, greasing-Telephone, Staff Welfare And Office Uniform Expenses-Salary-ad-hoc disallowance is not justified-Allowable as deduction.

Alpha Reality v. Asst. CIT (2023)108 ITR 7 (SN)(Chennai) (Trib)

S. 37(1) : Business expenditure-Salary, depreciation, audit fees-Not earning any income-Expenditure to maintain corporate entity-Directed to allow 25 Per Cent. of expenditure.

ACIT v. A. Lallubhai & Brother (2023) 108 ITR 662 (Trib)

S. 37(1) : Business expenditure-Grading and certification expenses-Payments were made after deducting tax at source-Ad-hoc disallowance is not justified.

RMP Infotec P. Ltd. v. Asst. CIT (2023)108 ITR 171 (Chennai) (Trib)

S. 37(1) : Business expenditure-Capital or revenue-Land registration charges-Lease of property-Allowable as revenue expenditure.