Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


QAI India Ltd. v. DCIT (2024) 208 ITD 242 (Delhi) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Software training services outside India-Not required to deduct tax at source-OECD Model Convention, Article 12. [S. 9(1)(vii)(b), 195]

Meenawala Castings. v. DCIT (2024) 208 ITD 684 (Rajkot) (Trib)

S. 37(1) : Business expenditure-Robbery-Theft-Embezzlement-Business of gold-Loss arising from robbery-Incidental to normal business-Allowable as deduction. [S.28(i)]

Chalasani Hospitals (P.) Ltd. v. ACIT (2024) 208 ITD 410/232 TTJ 667 (Visakha) (Trib.)

S. 37(1) : Business expenditure-Advertisement expenditure-Hospital-Unethical acts-Violation of provisions of Indian Medical Council Act, (professional conduct, Etiquette and Ethics) Regulations, 2002-Not allowable as deduction.

Saurashtra Gramin Bank. v. ACIT (2024) 208 ITD 55 (Rajkot) (Trib.)

S. 37(1) : Business expenditure-Provisions for gratuity and leave encashment-Accounting Standard-15-Claimed only actual payment made to employees-Not to be reduced earlier year provisions from current profit and loss account.[S. 145]

Diamour Jewels (P.) Ltd v. CPC (2024) 208 ITD 189/232 TTJ 389 (Mum) (Trib.)

S. 36(1)(va): Any sum received from employees-COVID-19-Delay in depositing the amount-EPF Organisation had waived levy of penal damages for delayed payment during lockdown-Disallowance is deleted. [S.43B]

ACIT v. Lyka Labs Ltd. (2024) 208 ITD 532 (Mum) (Trib.)

S. 28(va) : Business income-Cash or kind-Under an agreement-Non-compete fee-Joint venture company-Negative covenant-Loss of source of income-Capital receipt-Finance Act, 2002, with effect from 1-4-2003 applicable only after the assessment year 2003-04. [S. 4]

Heena Gems v. ACIT (2024) 208 ITD 481 /114 ITR 30 (SN) (Mum) (Trib.)

S. 28(i) : Business loss-Embezzlement of stock by an employee-FIR is filed-Loss is allowable as business loss. [S. 37(1), 145]

Madura Biotech (P.) Ltd. v. DCIT (2024) 208 ITD 699 (Delhi) (Trib.)

S. 28(i) : Business income-Capital gains-Own capital-Share dealings-Assessable as business income.[S. 45]

Sri Karpaga Vinayagar Educational and Charitable Trust v. ITO (2024) 208 ITD 333 (Chennai) (Trib.)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Purchase of luxury vehicle-Registered in name of manging trustee-Not able to establish that vehicle was utilized for purpose of charitable activities-Exemption under sections 11 and 12 is denied on value of vehicle purchased [S. 11, 12, 13(1)(c)]

Levva Patel Gnati v. CIT (2024) 208 ITD 490 (Rajkot) (Trib.)

S. 12AB: Procedure for fresh registration-Particular religious community or caste-Trust is in existence since 1946 i.e., prior to Income-tax Act came into force-Provisions of section 13(1)(b) is not be applicable.[S.11, 13(1)(b) Rule,17A]