Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Amritlal Batra v. Add. CIT(2023) 226 TTJ 917/ (2024) 110 ITR 127/ 160 taxmann.com 236 (Amritsar)(Trib)

S. 45 : Capital gains-Business income-Sale of shares-Shown as investment-Assessable as capital gains and not as business income.[ S. 28(i)]

Dy. CIT v. Rajnikant Prabhudas Mandavia (2023) 157 taxmann.com 316 / 226 TTJ 778 (Ahd)(Trib.)

S. 45 : Capital gains-Penny stock-Purchase and sale through banking channel-Addition as cash credit is deleted.[ S. 10(38)) 68,]

Tata AIG General Insurance Co.Ltd v. Dy. CIT(2023) 224 TTJ 724 /(2022)) 141 taxmann.com 70 (Mum)(Trib)

S. 44 : Insurance business-Depreciation-Allowable to insurance company. [ S. 30 to 43B]

Tata Consultancy Services Ltd. v. Dy. CIT (2023) 154 taxmann.com 372 / 226 TTJ 361 (Mum)(Trib.)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Provision for various expenses-Not in apposition to identify the parties /creditors-Provisions which were made on estimate basis were reversed in month of April i.e. in subsequent financial year and that when payments were made based on actual invoices, tax was deducted at source as per provisions of Act-Disallowance is deleted. [ S. 145]

Tata AIG General Insurance Co.Ltd v. Dy. CIT(2023) 224 TTJ 724 /(2022)) 141 taxmann.com 70 (Mum)(Trib)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Payment of re-insurance premium foreign insurers-Foreign Insurance company has no business or branch in India-No violation of provisions of Insurance Act-No obligation to deduct tax at source. [ S.9(1)(i), 195]

Interactive Avenues (P) Ltd v. Dy.CIT (2023) 225 TTJ 403/ (2022) 143 taxmann.com 445 (Mum)(Trib)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-Advertisement agency-Website owner-Not royalty-Not liable to deduct tax at source-DTAA-India-Ireland.[ S. 9(1)(vi), 195, art.12]

N. R. Wires (P) Ltd. v. Dy.CIT (2023) 224 TTJ 480 (Raipur)(Trib)

S. 37(1) : Business expenditure-Company-No personal-Vehicle running expenses-Depreciation-Telephone and mobile expenses-Disallowance cannot be made on account of personal use-Employees contribution-Paid before due date of filing of return-Allowable as deduction. [ S. 32(1)(ii),36(1)(va), 139(1)]

Coca Cola India (P) Ltd v. Dy. CIT(2023) 224 TTJ 520 (Pune)(Trib)

S. 37(1) : Business expenditure-Service charges paid to group company-Allowable as revenue expenditure.

Tata AIG General Insurance Co.Ltd v. Dy. CIT(2023) 224 TTJ 724 /(2022)) 141 taxmann.com 70 (Mum)(Trib)

S.37(1): Business expenditure-Payment of re-insurance premium foreign insurers-Foreign Insurance company has no business or branch in India-No violation of provisions of Insurance Act-Provision of Explanation 1 to section 37 is not applicable. [ S. 37(1), Explanation, Insurance Act, 1838]

Amritlal Batra v. Add. CIT(2023) 226 TTJ 917/ (2024) 110 ITR 127/ 160 taxmann.com 236 (Amritsar)(Trib)

S. 37(1) : Business expenditure-Legal expenses to protect the voting rights in the company-Chairman of the company-Allowable as business expenditure.