Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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)]

Brothers R. Kothari v. Dy. CIT (2022) 217 TTJ 17(UO) (Raipur)(Trib)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Rate of 18 percent-Bank charges at 15 percent-Disallowance is not justified. [S. 40A(2)(a)]

ACIT v. Praveen Sushil Kanda (2022)98 ITR 345 (Raipur)(Trib)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable Salaries to related parties-Assessing Officer failed to give fair market value to show excessiveness-Invocation fundamentally wrong-Payment allowable.

Expeditors International (India) Pvt. Ltd. v. Dy. CIT (2022)95 ITR 393 (Delhi) (Trib)

S. 40(a)(ii) : Amounts not deductible-Rates or tax-Education cess and secondary and higher education cess deductible.

Hyundai Steel India P. Ltd v. Dy. CIT (2022) 95 ITR 65 (Chennai)(Trib)

S. 40(a)(ii) : Amounts not deductible-Rates or tax-Net interest paid to bank-As per terms of the agreement-Withholding tax-Matter remanded for verification. [S. 37(1)]

Welkin Telecom Infra (P.) Ltd. v. Dy. CIT (2022)96 ITR 475 (Kol) (Trib)

S. 40(a)(ii) : Amounts not deductible-Rates or tax-Deduction of tax at source is not in nature of Income-Tax-Interest paid upon late payment of deduction of tax at source cannot be disallowed. [S. 28, 37(1), 199, 201(1a)]