Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ITO v. Sajjan Kumar Bajoria (2021) 86 ITR 29 (SN) (Mum.)(Trib.) ITO v. Sushila Devi Bajoria (Smt) (2021) 86 ITR 29 (SN) (Mum.)(Trib.)

S. 45 : Capital gains-Long term capital gains-Sale of shares-Purchase and sale through online mechanism, banking channels and through Dematerialised account-Exemption cannot be denied merely on the basis of statement of third parties, without giving an opportunity of cross examination. [S. 10(38), 68, 133A]

Jawaad Alam and Fawad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.)

S. 45 : Capital gains-Purchase and sale of shares-Long term capital gains-Penny stock-SEBI Registered broker-Investigation report-Burden is on revenue to disprove the documents-Addition as unexplained money is held to be not justified. [S. 10(38), 69A]

ACIT v. Ashok Radhakishen Mehra (2021) 188 ITD 663/ 86 ITR 19 (SN) (Mum.)(Trib.)

S. 43B : Deductions on actual payment-Interest payable to Bank-Provision that conversion of interest into loan not equivalent to actual payment-Payment through overdraft account or cash credit account-Not disqualified. [S. 43B(d), 43B(e)]

Suresh Chunnilal Sharma v. ITO (2021) 86 ITR 22 (SN) (Pune)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchase of stock-in-trade-Disallowance is affirmed. [R. 6DD]

Green Valley Tower Pvt. Ltd. v. ACIT (2021) 86 ITR 1 (Delhi)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchase of land-Amount paid neither debited to profit and loss account nor claimed as deduction.

ACIT v. Arvind Srinivasan (2021) 86 ITR 84 (Chennai)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchase of capital asset or investment-No disallowance can be made.

United Teleservices Ltd. v. ACIT (2021)86 ITR 36 (SN) (Kol.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payees declaring payments in returns and paying tax thereon-AO was directed to verify and decide according to law.

ACIT v. Parag Fans and Cooling System Pvt. Ltd. (2021) 86 ITR 598 (Indore)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Settlement of loan provision of deduction at source is not applicable-Amount of sales written as bad debt which is reflected in profit and loss account-Allowable as deduction subject to verification. [S. 36(1)(vii)]

A. O. Smith India Water Products Pvt. Ltd. v. Dy. CIT (2021) 86 ITR 38 (SN) (Bang.)(Trib.)

S. 37(1) : Business expenditure-Provision for sales and advertisement expenses-Liability crystallising only in the following year-Disallowance is held to be proper-Advertisement expenses-Matter remanded-Provision for warranty-Allowable only if amount is claimed during year. [S. 145]

Deloitte Haskins And Sells v. ACIT (2021) 86 ITR 121 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Firm of Chartered Accountants-Part Payment of subscription fees through Mumbai entity as reimbursement of its share to international group entity-Allowable as deduction-Legal and professional fees-Criminal complaint filed against partner in matter related to business of firm-Allowable as business expenditure. [S. 195]