Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Archit Gupta v. ACIT (2025) 210 ITD 27 (Delhi) (Trib.)

S.45 : Capital gains -Long-term capital gains from equities – Penny stock – Accommodation entries – Failure of the Revenue to bring on record any materials linking assessee in any of the dubious transactions – Addition as cash credit is deleted .[ S. 10(38, 68 , 147 , 148 ]

Mashreq Bank PSC v .Dy.CIT (IT ) (2025) 233 TTJ 881 / 211 ITD 511 (SB)( Mum)( Trib)

S. 44C: Non-residents – Head office expenditure – Double taxation relief – Article 7(3) of the DTAA between India and UAE – Asessee claimed deduction u/s. 44C – AO allowed only 5% of the adjusted total income as deduction – Held, Art. 7(3) cannot be applied retrospectively – Held, deduction allowed without imposing restriction u/s. 44C- Expenditure incurred outside India exclusively for operations of Indian branches would not fall within ambit of section 44C hence allowable in full – DTAA -India – Dubai . [ S. 90 ,Art.7(3), 25(1) ]

Arihant Associates v. ACIT (2025) 210 ITD 149 (Mum.) (Trib.)

S.43CA: Transfer of assets- other than capital assets- Full value of consideration- stock in trade- Agreement value – Stamp valuation – Date of agreement fixing value of consideration and date of registration of such transfer not same – Stamp duty value as on date of agreement for sale should be considered as full value of consideration for purpose of computing profits and gains from transfer of flat – Addition is deleted . [ S. 45 ]

Tamilnadu Industrial Development Corporation Ltd v. DCIT [2025] 121 ITR 288 /172 taxmann.com 346 (Chennai)( Trib)

S. 43B: Interest tax liability for AYs:1993-94 to 1997-98 arose to assessee during relevant assessment year 2018-19 by way of order giving effect to order of High Court – liability was discharged by assessee during relevant year allowable as business expenditure. [ S. 37( 1) ]

Munish Arora v. ACIT [2025] 210 ITD 408 (Chd )( Trib.)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits -Business expediency – If the payment is necessary for business operations and is not made with fraudulent intent, disallowance u/s. 40A(3) may not be required, even if the payment exceeds the prescribed limit.

ACIT v. Vardha Infra Ltd. (2025) 233 TTJ 505 ( Jodhpur )( Trib)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Books of Accounts rejected – Separate addition under 40(a)(ia) not valid.
Disputed income under litigation – Shown as other income – Cannot be included in turnover when books are rejected- Income does not accrue until litigation is finally terminated, especially if liability is not admitted by the other party. [ S. 4, 5 , 144 145 ]

Suresh Kishinchand Changwani v. Dy. CIT (2025) 210 ITD 669 (Mum.) (Trib.)

S. 40(a)(ia): Amounts not deductible – Deduction at source –
Interest, etc., paid to a resident without deduction of tax at source -Non-furnishing of Form 15G/15H – Form filed before the Tribunal – Matter remanded to the Assessing Officer for limited purpose of verification. [ Form 15G , 15H ]

Samsung R & D Institute India-Bangalore (P.) Ltd. v. JCIT (2025) 210 ITD 60 (Bang.) (Trib.) Editorial: CIT v. IBM (2014) 43 Taxmann.com 470 (Karn)HC) Distinguished

S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident –Depreciation- Fixed asset -Capitalised the expenditure – Disallowance is deleted . [ S. 32 ]

BSE Ltd. v. CIT (Appeals) (2025) 233 TTJ 214(Mum) ( Trib)

S.37(1): Business expenditure – Club membership fees -Allowable as business expenditure . [ Form 3CD ]

Dy.CIT v. Punjab State Power Corporation Ltd. (2025) 233 TTJ 57 / 173 taxmann.com 148 (Chd) ( Trib)

S. 36(1)(va): Any sum received from employees – Assessee maintain separate books for PF contributions – Credited it on real time basis – Deduction cannot be denied – NPS contributions not deposited within the due date of filing of Return – Cannot be claimed as a deduction in that year.[ S. 2(24)(x) ]