Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Ariba Foods Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.) ACIT v. Vyanktesh Plastics and Packaging Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.)

S. 68 : Cash credits-Unsecured loans-Failure to follow principle of natural jus Failure to provide an opportunity of cross examination-Addition is held to be not justified.

Ashok Kumar v. ITO (2021) 86 ITR 576 (Delhi)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Purchase of property within one year before transfer-Actual possession handed over by within one year after transfer of second Property-Entitled to deduction. [S. 45]

Radharaman Constructions v. ACIT (2021) 86 ITR 44 (Mum.)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Departmental valuation officer-Objection of the assessee was not considered-Transfer of development rights-Matter remanded. [S. 45]

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-Not debited to profit and loss account-Disallowance cannot be made.

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.

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 shown in profit and loss account-No expenditure was claimed-No disallowance can be made.

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 advertisement-Liability crystalised in the following year-Not allowable-Provision for warranty-Directed to verify and allow.

ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Appointment of consultant as per agreement-Failure to get the business-Disallowance cannot be made-Not liable to deduct tax at source-DTAA-India-UAE. [S. 40(a)(i), Art. 14(7), 22(1)]

ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Salaries paid-Relative of promoter-No disallowance can be made-The Assessing Officer is not entitle to decide reasonableness and commercial expediency of expenditure.

Deloitte Haskins and Sells v. ACIT (2021) 86 ITR 121 / 211 TTJ 89 / 202 DTR 349 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Chartered Accountants firm-Payment of subscription fees and reimbursement of its share to international group entity-Allowable as deduction-Criminal complaint filed against partner of firm related business of firm-Professional fees paid towards defending suit in the name of partner-Allowable as business expenditure.