Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


General Motors Overseas Corporation v. ACIT (IT) (2020) 80 ITR 478 (Mum) (Trib)

S. 44D : Foreign companies –Non-Resident — Fees For Technical Services — Technical experts on deputation to India — Not entitled to deduction- Ruling given by Authority not binding either on department or Tribunal – Fees for included services taxable — Not entitled to deduction [ S.10B ]

ACIT v. APCO Worldwide (India ) Pvt Ltd ( 2020) BCAJ-October – P. 38 ( Delhi) (Trib)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to group companies- Reimbursement of expenses – Not liable to deduct tax at source .[ S. 195 ]

First American (India) Pvt. Ltd. v. ACIT (2020) 80 ITR 538 ( Bang) (Trib)

S.37(1) : Business expenditure —Corporate social responsibility expenses —Matter remanded [ S.80G ]

Pentamedia Graphics Ltd. v. Dy. CIT (2020) 80 ITR 555 / 18 5 ITD 145/ 205 TTJ 892 (Chennai) (Trib)

S.32: Depreciation — Animation software ,stored in computer for use in films -Entitle to depreciation at 25% and not 60% .

Landbase India Ltd. v. ACIT (2020) 80 ITR 580 / 185 ITD 40/ 116 taxmann.co 574 ( Delhi) (Trib)

S. 32 : Depreciation – Golf course – Plant – Entitle to depreciation .

Dy. CIT v. Futurz Next Services P. Ltd. (2020) 80 ITR 58( Delhi ) (Trib)

S.32 : Depreciation — Transfer —Written down value of block of assets should be reduced by sum received not stamp value — Excess depreciation not allowable.[ S. 2(11) 43(6)(c )(i)(b) ,45, 50C ]

Ramesh Kumar Agarwal v .ITO (2020) 80 ITR 436 ( Delhi) (Trib)

S.28(i): Business loss —Cancellation of purchase orders — Business transactions it is not necessary that all the transactions should be proved by documentary evidence- Loss deductible .

Pentamedia Graphics Ltd. v. Dy. CIT (2020) 80 ITR 555 / 185 ITD 145/ 205 TTJ 892 (Chennai) (Trib)

S. 14A : Disallowance of expenditure – Exempt income -Foreign investments- Dividend suffered taxation in India – No disallowance can be made – Investments in Indian companies not yielding exempt Income —Has to be excluded . [ R.8D(iii) ]

Dy. CIT v. Futurz Next Services P. Ltd. (2020) 80 ITR 58( Delhi ) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Not earning any exempt income during relevant period — No disallowance can be made .[ R.8D ]

Mariam Education Society v. CIT(E) (2020) 80 ITR 380 ( Delhi) (Trib)

S. 12AA : Procedure for registration –Trust or institution- Commissioner is directed to decide a fresh on verification of objects and genuineness of activities in accordance with Law in light of documents which assessee is required to submit before him. [ S.2(15) , 11 ]