Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Mohmed Shakil Mohmed Shafi Mutawalli v. (2022) 192 ITD 130 (Ahd.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Copies of PAN along with copies of invoices of transportation bill etc. was furnished-Disallowance cannot be made on technical ground. [S. 194C (7)]

Plintron Mobility Solutions (P.) Ltd. v. ITO (2022) 192 ITD 556 (Chennai)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-Software purchased is a copyrighted article-Not liable to deduct tax at source-DTAA-India-USA. [S. 9(1)(vi), 195, Art. 9]

Lloyd’s Register Asia (India Branch Office) DCIT(IT) (2022) 192 ITD 455 (Mum.)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Fes for technical services-Grant of license to use its intellectual property and also availed of management services-Services were managerial in nature and not technical services-Not liable to deduct TDS on same-DTAA-India-UK. [S. 195, Art. 13(4)]

Rajinder Kumar Aggarwal (HUF) v. DCIT (2022) 192 ITD 1 (Delhi) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission payment-Not liable to deduct tax at source-DTAA-India-France. [S. 9(1)(vi), 195, Art. 7, 12]

DCIT v. Macrotech Developer Ltd. (2022) 192 ITD 438 (Mum.) (Trib.)

S. 37(1) : Business expenditure-Real estate business-New project-Work in progress-Sales promotion and advertisement expenses-allowable as revenue expenditure. [AS. 2]

DCIT v. Macleods Pharmaceuticals Ltd. ( 2021) 206 DTR 337/ (2022) 192 ITD 513 (Mum.)(Trib.) Editorial : Finance Act, 2022 amended the provision by inserting explanation 3 to section 37(1) of the Act w.e.f. 1/4/2022.

S. 37(1) : Business expenditure-Freebies to doctors-Matter referred to larger bench of three or more members to consider question as to allowability of expenditure. [S. 143(3), 153A Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. S. 20A]

Shivnarayan Nemani Shares & Stock Brokers (P) Ltd. v. DCIT (2022) 192 ITD 50 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Sub-brokerage-Held to be allowable as deduction.

Motor Machinery Tools. v. ACIT (2022) 192 ITD 42 (SMC) (Kol.)(Trib.)

S. 37(1) : Business expenditure-Freight inward expenses-Incurred in cash-Supported by self made vouchers-Disallowance is restricted to 7.5 %.

Logix Buildtech (P.) Ltd. v. ACIT (2022) 192 ITD 35 (Delhi) (Trib.)

S. 37(1) : Business expenditure-Pre-Operative expenses-Real estate business-Do not form part of work in progress-Office expenses, salaries, advertising, travelling expenses which are incurred for running of business operations are to be treated as revenue expenditure and allowed as deduction.

DCIT v. Macrotech Developer Ltd. (2022) 192 ITD 438 (Mum.) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Own funds are more than interest free investment-No disallowance can be made.