Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ITO v. Terapanth Foods Ltd. (2022) 194 ITD 614 (Rajkot) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Shipping business-As per charging section 172, no liability arises for payment of tax by non-resident receiving payment on time charter basis. [S. 172, 195]

Vanderlande Industries (P.) Ltd. v. ACIT (2022) 194 ITD 229/ 99 ITR 585 / 219 TTJ 493 216 DTR 289 (Pune)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-For use or right to use of overall ICT infrastructure-Liable to deduct tax at source-Disallowance is justified DTAA-India-Netherlands. [S. 9(1)(vi)(b), 195, Art. 12]

DCIT v. Omni Active Health Technologies Ltd. (2022) 194 ITD 783 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Legal fees-Defending lawsuit filed against it for infringement of patent right-Allowable as revenue expenditure.

Security Printing & Minting Corporation of India Ltd. v. ACIT (2022) 194 ITD 641 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Expenditure under (CSR)-Capital or revenue-Allowable as business expenditure.

Bharath Wind Farm Ltd. v. DCIT (2022) 194 ITD 636 (Chennai) (Trib.)

S. 37(1) : Business expenditure-Carbon Emission reduction-Offered as income in earlier years-Entitle to claim as expenditure if ultimately receipts could not be realized. [S. 4]

E-Land Systems (P.) Ltd. v. ITO (2022) 194 ITD 541 (Bang.) (Trib.)

S. 37(1) : Business expenditure-Setting up of business-Business of providing information technology application management support services.

ACIT v. Radaan Media Works (I) Ltd. (2022) 194 ITD 505 (Chennai)(Trib.)

S. 37(1) : Business expenditure-Exhibition of tele-serials-expenditure incurred for production of tele-serials-Allowable as revenue expenditure.

Infinera India (P.) Ltd. v. JtCIT (2022) 194 ITD 463 (Bang.) (Trib.)

S. 37(1) : Business expenditure-Education cess including secondary and higher education cess-Not allowable as deduction.

TUV Rheinland NIFE Academy (P.) Ltd. v. ACIT (2022) 194 ITD 78 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Interest payment on late payment of tax at source under section 201(1A) is not eligible business expenditure for deduction and it is not compensatory in nature. [S. 201(IA)]

Devarayapatana Thimmappa Paramesha v. DCIT (2022) 194 ITD 325 (Bang.)(Trib.)

S. 36(1)(va) : Any sum received from employees-Allowable as deduction even if same was paid after due date specified under respective acts but before due date of filing of return under section 139(1)-Amendment to provisions of sections 36(1)(va) and 43B vide Finance Act, 2021 is prospective in nature and would be applicable only from 1-4-2021. [S. 43B, 139(1)]