Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shyam Kumar Gara v. ITO (2024) 115 ITR 13 (SN)(Kol)(Patna) (Trib)

S. 44AD : Presumptive basis-Unexplained money-Cash deposits Demonetisation-Cash deposits to be treated as part of gross turnover-Assessing Officer is directed to take only 8 Per Cent. of alleged gross turnover-Addition under section 69A is deleted-When the income is determined on estimate basis, bank transactions could not be segregated merely because deposits were made during the demonetisation period. [S.69A, 147, 148]

Pasura Subbaiah Muthanna v. ITO (2024) 115 ITR 5 (SN)(Bang)(Trib)

S. 44AD : Presumptive basis-Transportation of goods-Difference in Form No 26AS and return of income-Net profit rate of 8. 24 Per Cent declared in return is directed to be accepted. [S.44AB]

Ishtiaq Ahmad Rather v. ITO (2024) 115 ITR 27 (SN) (Amritsar)(Trib)

S. 44AD : Presumptive basis-Cash credits-Unexplained money-Books of account not maintained-Cash deposits and withdrawals-Telescoping is applicable-Addition is deleted-Delay of 33 days in filing of an appeal is condoned. [S. 68]

Dy. CIT v. Sushil Tyagi (2024) 115 ITR 90 (SN)(Delhi)(Trib)

S. 44AD : Presumptive basis-Trading business-Order of CIT(A) estimate of profit based on earlier year is held to be justified.[S. 132, 153A]

Golden Moment P. Ltd. v. ACIT (2024) 115 ITR 87 (SN)/(2025) 210 ITD 484 (Delhi)(Trib)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Sundry creditors-Summons issued through Inspector is unserved-No party existing at address provided-Confirmation filed-Amounts shown as outstanding in the balance sheet-Addition is deleted. [S.133(6)]

Cadila Pharmaceuticals Ltd. v. ACIT (2024)115 ITR 428/ 162 taxmann.com 229 (Ahd)(Trib)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment of legal professional fees-Additional evidence is filed before the ITAT-Matter remanded. [S.9(1)(vii)]

Dy. CIT v. Aspire Systems India P. Ltd (2024) 115 ITR 26 (SN) (Chennai)(Trib)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Installation and testing service-Fees for technical services-Not liable to tax in India-Not liable to deduct tax at source.[S.9(1)(vii)(b), 195]

Cadila Pharmaceuticals Ltd. v. ACIT (2024) 115 ITR 51 ((SN)/)/ 162 taxmann.com 229 (Ahd)(Trib)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Fes for technical services-Legal and consultancy services for registration of product in foreign country-Not fees for technical services-Not taxable in India-Not liable to deduct tax at source-DTAA-India-USA.[S.9(1)(vii),195 Art.12]

Cadila Pharmaceuticals Ltd. v. ACIT (2024) 115 ITR 51 ((SN)/ 162 taxmann.com 229 (Ahd)(Trib)

S. 37(1) : Business expenditure-Foreign exchange fluctuation losses-Hedging-Foreign exchange risks in respect of exports and imports-Loss is not speculative-Allowable as business loss.[S.28(i)]

Cadila Pharmaceuticals Ltd. v. ACIT (2024) 115 ITR 51 ((SN)/ 162 taxmann.com 229 (Ahd)(Trib)

S. 37(1): Business expenditure-Capital or revenue-Product registration expenditure-Revenue expenditure.