Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Varun Gupta v. ITO (2020) 83 ITR 82 (SN) (Delhi)(Trib.)

S. 68 : Cash credit-Cash deposited in bank account-Peak credit-Failure to decide the source of deposit and purpose of withdrawal-Not entitle to benefit of peak credit.

ITO v. Aravali Prime Consultants P. Ltd. (2020) 83 ITR 2 (SN) (Jaipur) (Trib.)

S. 68 : Cash credits-Share premium-Valuation report was filed- Assessing Officer failing to examine bank accounts from where investment routed to investigate creditworthiness of creditors, identity of subscribers and genuineness of transaction-Deletion of addition is held to be justified.

Dy. CIT v. Coffee Day Global Ltd. (2020) 83 ITR 41 (SN) (Bang.)(Trib.)

S. 43B : Deductions on actual payment-Payment of Employees’ contributions to provident fund beyond period stipulated-Allowable as deduction.

Shin-Etsu Polymers India P. Ltd. v. Dy. CIT (2020) 83 ITR 64 (SN) (Chennai)(Trib.)

S. 43A : Rate of exchange-Foreign currency-Loss on conversion of outstanding foreign exchange currency into Indian rupees at end of year on account of outstanding unsecured loans-Matter remanded to Assessing Officer to examine facts whether loss was on capital account or revenue account. [S. 254(1)]

Nokia India Pvt. Ltd. v. Add. CIT (2020) 83 ITR 69 (SN) (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Discount offered to distributors for promotion of sales-Not commission-Not liable to deduct tax at source-No disallowances can be made-Trade discount allowable as business expenditure. [S. 194H]

Dy CIT v. EXL Service.Com (India) Ltd. (2020) 83 ITR 11 (SN) (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Deducting tax at one Per Cent. instead of two per cent-No disallowance can be made.

Vinay Bhasin v. ACIT (2020) 83 ITR 78 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Telephone and Telex, Vehicle running and maintenance and depreciation on Vehicle-Ad hoc addition of ten per cent-Not sustainable-Expenditure on software matter remanded.

Sun Paper Mill Ltd. v. Dy. CIT (2020) 83 ITR 44 (SN) (Chennai)(Trib.)

S. 37(1) : Business expenditure-Profits on sale of asset–Prior period expenses-Earned leave paid to employees-Matter remanded to the Assessing Officer. [S. 254(1)]

Nuclear Healthcare Limited v. ACIT (2020) 83 ITR 35 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue- Differential lease premium and processing fees-Fixed asset-Capital expenditure- Depreciation allowable. [S. 32]

Nokia India Pvt. Ltd. v. Add. CIT (2020) 83 ITR 69 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Marketing expenses-Mobile handsets issued free of cost to after-Marketing services Centers, annual maintenance and services contractors, dealers and employees-Cost allowable as business expenditure–Trade discount also allowable as business expenditure.