Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Suresh Kishinchand Changwani v. Dy. CIT (2025) 210 ITD 669 (Mum.) (Trib.)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Interest, etc., paid to a resident without deduction of tax at source-Non-furnishing of Form 15G/15H-Form filed before the Tribunal-Matter remanded to the Assessing Officer for limited purpose of verification. [Form 15G, 15H]

Samsung R & D Institute India-Bangalore (P.) Ltd. v. JCIT (2025) 210 ITD 60 (Bang.) (Trib.) Editorial: CIT v. IBM (2014) 43 Taxmann.com 470 (Karn)HC) Distinguished

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Depreciation-Fixed asset-Capitalised the expenditure-Disallowance is deleted. [S. 32]

BSE Ltd. v. CIT (Appeals) (2025) 233 TTJ 214(Mum) (Trib)

S.37(1): Business expenditure-Club membership fees-Allowable as business expenditure.

Dy.CIT v.. Punjab State Power Corporation Ltd. (2025) 233 TTJ 57 (Chd) (Trib)

S. 36(1)(va): Any sum received from employees-Assessee maintain separate books for PF contributions-Credited it on real time basis-Deduction cannot be denied-NPS contributions not deposited within the due date of filing of Return-Cannot be claimed as a deduction in that year.[S. 2(24)(x)]

Dy CIT v. Prakash Nimmagadda (2025) 233 TTJ 812 (Hyd) (Trib)

S. 28(iv) : Business income-Value of any benefit or perquisites-Converted in to money or not-Acquisition of shares at face value when other paid premium-A capital transaction-Outside the purview of S. 28(iv).[S. 56(2)(x)]

ACIT v. Sony India Software Centre (P) Ltd. (2025) 233 TTJ 249(Bang)(Trib)

S. 28(iv) : Business income-Value of any benefit or perquisites-Converted in to money or not-No benefit or perquisite is chargeable to tax under section 28(iv) for assets received from AEs on a returnable basis-Independent personal services-Training expenses paid to non-resident fell under Article 14 of the DTAA and not subject to TDS-DTAA-India-Singapore. [Art. 14]

Prakash Udyog Ltd. v. ITO [2025] 210 ITD 74 (Mum)(Trib.)

S.14A : Disallowance of expenditure-Exempt income-Investment in partnership firm-Interest paid on the overdraft facility, which was obtained for business activities, should not have been disallowed, as it was not directly related to the exempt share income from the partnership firm.[S.10(2A)]

Chhattisgarh Re-Rollers Association c. CIT (E) (2025) 210 ITD 127 (Raipur) (Trib.)

S. 12AB: Procedure for fresh registration-Charitable purpose-Procedure for fresh registration-Objects of general public utility-Directed to grant the registration [S. 2(15)]

Seven Hills Educational Society v. ITO (E) (2025) 210 ITD 234 (Hyd.) (Trib.)

S. 12AB: Procedure for fresh registration-Selecting wrong selection code-Delay is condoned-CIT(E) is directed to hear the assessee by allowing it to apply under Form 10A. [S. 12A(1)(ac)(iii) Form No 10A/10B]

ACIT (E) v. Mazdoor Welfare Trust [2024] 169 taxmann.com 733 / (2025) 233 TTJ_ 49 (UO) (Chennai)(Trib)

S. 11 : Property held for charitable purposes-If past-year discrepancies, if resolved, do not justify denying exemption in subsequent years. [Form 10B]