Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Popular Foundations (P) Ltd. v. ACIT (2022) 209 DTR 18 / 215 TTJ 260 (Chennai)(Trib)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Most of payments made on Saturday/Sunday-Payments covered u/r. 6DD-Outside the scope of section 40A(3). [R. 6DD]

Rainbow Promoters (P.) Ltd. v. ACIT (2022) 95 ITR 232 (Delhi) (Trib)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Expenditure not debited to profit and loss account-Disallowance cannot be made.

Vikrant Happy Homes (P) Ltd. v. Dy. CIT (2022) 218 TTJ 1 (UO) / 138 taxmann.com 559 (Pune) (Trib)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Land dealing-Stock in trade-Cash payment was not claimed as expenditure-Disallowance is not justified. [R. 6DD]

Dy. CIT v. Laxmipathi Balaji Sugar and Distilleries P. Ltd. (2022)100 ITR 58 (SN)(Delhi) (Trib)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Agricultural produce-Payments for purchases of sugarcane-Not disallowable. [R. 6DD(e)

Carmel Softech Pvt. Ltd. v. ITO (2022)96 ITR 34 (SN) (Chennai) (Trib)

S. 40A(2)(b) : Expenses or payments not deductible-Excessive or unreasonable-Remuneration of directors of Private company-Directors paying taxes at maximum rate-Disallowance of payment in excess of 20 Per Cent. of net Profit not sustainable.

Balani Infotech (P) Ltd. v. ACIT (2022) 219 TTJ 64 (UO) / (2023) 146 taxmann.com 410 (Delhi) (Trib)

S. 40A(2)(b) : Expenses or payments not deductible-Excessive or unreasonable-Salary to directors and daughter-in-law-Not justified in partly disallowing salary payments.

Lite-On Mobile India Pvt. Ltd. v. Dy. CIT (2022)96 ITR 352 (Chennai) (Trib)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-International Transactions-Deduction of tax at source-External commercial borrowing from Foreign Company-Assessee Liable to Deduct Tax on Interest Payment-Grossing up tax deducted portion with interest paid and claiming deduction-Contrary to inter-party agreement and law. [S. 92C]

ACIT v. Rohit and Co. (2022)97 ITR 223 (Kol) (Trib)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Commission-Allowable as deduction.

ACIT v. Rohit and Co. (2022)97 ITR 223 (Kol.) (Trib)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Interest-Higher rate-Business urgency-allowable as deduction [S. 37(1), 40A(2)(b)]

ACIT v. Rohit and Co. (2022)97 ITR 223 (Kol) (Trib)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Rent to partners-Business activities carried out from the said premises-Order of CIT(A) deleting the addition was affirmed. [S. 37(1), 40A(2)(b)]