Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT (IT) v. Western Geco International Ltd. (2023)108 ITR 23 (SN)/225 TTJ 1009 / 157 taxmann.com 736(TM) (Delhi) (Trib)

S. 44BB : Mineral oils-Computation-Presumptive tax-Revenue received on account of provision of facilities and services of seismic data acquisition, planning and carrying out of pre-survey study, taking marine data and confirming prospects, maintenance/upgradation/support of software licences-Not fees for technical services-Reimbursement of service tax-Not includible in gross turnover for computing taxable income. [S. 9(1)(vii), 44DA]

Asst. CIT v. Northern India Alcobru Systems (2023)108 ITR 1 (SN)(Surat) (Trib)

S. 41(2) : Profits chargeable to tax-Balancing charge-Sale of machinery-Once profit embedded in sales taxed, same sales cannot be taxed again-Income from undisclosed-Once sales are accepted purchases cannot be disallowed-Disallowance is deleted.[S. 69C]

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

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Sundry creditors —Confirmation of account filed-Addition cannot be made.

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.