Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Vishal Paper Industries Pvt. Ltd. (2022) 93 ITR 41 (Chd.) (Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-Books of account not rejected-Identity of party established and genuineness of transactions proved-Deletion of addition is justified. [S. 145]

Sunil Mathur v. ITO (2022) 93 ITR 86 (Jaipur)(Trib.)

S. 68 : Cash credits-Cash deposit in bank-Past withdrawals-Household withdrawals explained-Addition is held to be not valid.

ACIT v. Overtop Marketing Pvt. Ltd. (2022) 93 ITR 132 (Kol.)(Trib.)

S. 68 : Cash credits-Unsecured loans-Proved identity creditworthiness and genuineness of transactions-Relying on statement of third parties without giving an opportunity of cross examinations, additions cannot be made. [S. 131]

Ancon Chemplast P. Ltd. v ITO (2022) 93 ITR 167 (Delhi)(Trib.)

S. 68 : Cash credits-Share application money-Addition was deleted on merits-Reassessment valid. [S. 68, 147, 148]

Dy. CIT v. Acquire Services Pvt. Ltd. (2022) 93 ITR 613 (Delhi)(Trib.)

S. 45 : Capital gains-Transfer-Redemption-Indexation-Redemption of preference shares is a sale and also transfer of relinquishment of asset by share holder-Assessable as capital gains and not as income from other sources. [S. 2(47), 48, 56]

ACIT v. PC Jewellers Ltd. (2022)93 ITR 244 (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Bank guarantee commission and credit card commission-Deducted by Banks-No disallowance can be made.

Bekaert Industries P. Ltd. v. Dy. CIT (2022) 194 ITD 201 / 93 ITR 462 (Pune)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Non-Resident rendering services of Information Technology infrastructure-Royalty-Liable to deduct tax at source-Disallowance is justified-DTAA-India-Portugal. [S. 9(1)(vi)]

Mll Logistics P. Ltd. v. ACIT (2022) 93 ITR 513 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Interest-Failure to prove for the purpose of business-Disallowance is justified.

Sandisk India Device Design Centre Pvt. Ltd. v. ITO (2022) 93 ITR 569 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Unrealised export sales and foreign exchange loss-Unbilled revenue brought into India lower than sum reduced b Assessing Officer-Allowable as deduction.

ITO v. MVL Credit Holdings and Leasing Ltd. (2022) 93 ITR 533 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Taxes and rates-Interest on delayed payment of tax deducted at source-Not penalty-Compensatory in nature-cannot be treated as tax-Allowable as deduction-Repairs and maintenance-Ad-hoc disallowance is not justified. [S. 40(a)(ii)]