Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Monika Chitrasen Patil. (Mrs.) v. ITO (2023) 198 ITD 508 (SMC) (Pune) (Trib.)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchase of land-Payment of cash on demand by seller-Seller admitted the receipt of cash-Disallowance is deleted. [R.6DD]

C G Housing Company. v. ITO (2023) 198 ITD 42 (Raipur) (Trib.)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Real estate developer-Purchase of land as capital asset-Commercially exploited later as stock in trade-Provision of section 40A(3) cannot be applied.[S. 45(2)]

Sunsmart Technologies (P.) Ltd. v. ACIT (2023) 198 ITD 347 / 222 TTJ 893(Chennai) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Fes for technical services-Sales support service-Located in Dubai-Marketing of products-Train resources of marketing partner to provide pre-sale and after sale product services to customers-Fees for technical services-Liable to deduct tax at source-Disallowance is justified.[S.9(1)(vii), 195]

Steller Films (P.) Ltd. v. ACIT (2023) 198 ITD 682 (Mum) (Trib.)

S. 37(1) : Business expenditure-Business of cinema photographic films, Legal fees-Dispute of film-Allowable as deduction whether the film would release or not would be irrelevant-Abandoned project-Service charges paid to a marketing company related to a film-film which was subsequently abandoned and never released-Allowable as business loss-Interest expenditure-Project abandoned-Capital or revenue-Allowable as deduction[S. 28(i), 36(1)(iii ) Rule 9A]

CLP Wind Farm (India) Ltd. v. DCIT (2023) 198 ITD 690 (Ahd) (Trib.)

S.37(1): Business expenditure-Capital or revenue-Premium paid on foreign exchange forward contracts-Amortized as revenue expenditure over life of contract. [Accounting Standard (AS)-11]

Well Wisher Construction (P.) Ltd. v. DCIT (2023) 198 ITD 268 (Mum) (Trib.)

S. 37(1) : Business expenditure-Foreign travel expenses-Business of real estate development and construction-To understand global trend of business-Business man point of view-Travel expenditure-Ad-hoc disallowance of 25 percent is not Sales promotion expenses-Allowed as deduction.

Suresh Electricals. v. DCIT (2023) 198 ITD 487 (Bang) (Trib.)

S. 36(1)(va): Any sum received from employees–Any failure to pay employee’s contribution to PF/ESI, within prescribed due date under respective Act or scheme will result in negating employer’s claim for deduction permanently forever under section 36(1)(va).[S.43B (b)]

Geekay Facility Management (P.) Ltd. v. DCIT (2023) 198 ITD 13 (Mum) (Trib.) Jabalpur Motors Ltd. v. ADCIT (2023) 198 ITD 528 (Jabalpur) (Trib.)

S. 36(1)(va): Any sum received from employees-Paid before due date of filing of return-Allowable as deduction-Explanation to section 43B by Finance Act, 2021 was only prospective and not retrospective. [S. 43B, 139(1)]

Samira Constructions (India) Ltd. v. DCIT (2023) 198 ITD 264 (Mum) (Trib.)

S. 36(1)(iii) :Interest on borrowed capital-Own funds-Advance of loan-Assessing Officer is directed to work out figure of interest disallowance considering figure of assessee’s own fund.

Karam Singh Malik. v. ITO (2023) 198 ITD 678 (SMC) (Delhi) (Trib.)

S. 36(1)(ii):Bonus or commission-Bonus paid to employees-No finding-Certificate from Auditor-Assessing Officer was to be directed to factually verify certificate issued by auditor and allow deduction-Cash credits-Additional evidence-Matter is remanded to the Assessing Officer. [S. 68]