Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Magnaquest Technologies Ltd. v. DCIT (2025) 215 ITD 146 (Hyd) (Trib.)

S.43B: Deductions on actual payment-Liabilities disallowed in earlier year-Paid during year-Allowable on furnishing payment evidence, while addition for balance amount without supporting evidence was to be sustained.

Foster Wheeler (G.B.) Ltd. v. DCIT. (2025) 215 ITD 579 (Chennai) (Trib.)

S. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Provision for liquidated damages-Settled under VSV Scheme, 2024-Not allowed deduction in earlier years-Reversal of provision-Cannot be taxed under section 41(1) of the Act. [VSV Scheme, 2024]

Ginni Filaments Ltd. v. DCIT (2025) 215 ITD 175 (Agra) (Trib.)

S. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Sundry creditors-Confirmation from parties-Additional evidence-The matter was restored to the file of the Assessing Officer for fresh adjudication.[S. 254(1)]

Virbala Kiritkumar Patel v. Dy. CIT (Ahd.)(Trib.)(UR)

S. 40A(2): Expenses or payments not deductible-Excessive or unreasonable-Consultancy charges paid to related party-No comparable instances cited by AO-Disallowance is deleted. [S.40A(2)(b)]

Raghav Agritech. v. ITO (2025) 215 ITD 647 (Nagpur) (Trib.)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Building contractor-Capitalised the expenditure-Not disallowable.[S. 30 to 38, 143(1)(a), 194C]

R Y Midas Metacast (P.) Ltd. v. ITO (2025) 215 ITD 305 (Ahd) (Trib.)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Job work-Furnished Form 16A-Addition was deleted.[Form No 26AS]

United India Insurance Company Ltd. v. Dy. CIT (2025) 123 ITR 291 (Chennai)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission payment outside India-: Income deemed to accrue or arise in India-Commission paid to non-residents for services rendered outside India is not taxable in India; hence, the assessee is not liable to deduct TDS under S. 195. [S. 9(1)(i), 195]

United India Insurance Company Ltd. v. Dy. CIT (2025) 123 ITR 291 (Chennai)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Reinsurance premium ceded to non-resident reinsurers (NRRs) is not taxable in India under the Income Tax Act or the applicable DTAA; therefore, disallowance under S. 40(a)(i) for non-deduction of TDS under S. 195 does not arise. [S.195]

Foods and Inns Ltd. v. DCIT (2025) 215 ITD 266 (Mum) (Trib.)

S. 40(a)(i): Amounts not deductible-Deduction at source-Non-resident-Business profits-Canvassing orders and facilitating export transactions-Business income accruing outside India-Not liable to deduct tax at source-No disallowance can be made.[S.9(1)(i), 195, Article 7 of the OECD Model Convention]

R Y Midas Metacast (P.) Ltd. v. ITO (2025) 215 ITD 305 (Ahd) (Trib.)

S.37(1): Business expenditure-Commission-Allowable as deduction.