Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Brahma Steyr Tractors Ltd. v. ITO (2020) 203 TTJ 33 (Chd.)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Not commenced business-Not trading liability-Nothing to show the liabilities ceased to exist.

Caprihans India Ltd. v. Dy. CIT (2020) 203 TTJ 450 (Mum.)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Premature payment-Sales tax-Not remission or cessation of Government liability-Provision for bad debt-Not claimed as deduction written back-Addition is not valid.

Grand Lilly Motels Ltd. v. ACIT (2020) 203 TTJ 30 (UO) (Amritsar) (Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-No compelling circumstances brought on record-Disallowance is held to be justified.

Komorrah Limestone Mining Company Ltd. v. ACIT (2020) 203 TTJ 518 (Gauhati)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment to Tribal persons-Payments are not chargeable to tax-No disallowance can be made. [S. 10(26), 194C, 194I]

ASUS India Pvt. Ltd. v. ACIT (2020) 208 TTJ 1 (Mum.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Sales rebate-Discount-No element of work as defined under clause (iv) of Explanation to Section 194C of Act-Not liable to deduct tax at source-No disallowance can be made. [S. 194C, 194H]

Tata Sky Ltd. v. ACIT (2020) 195 DTR 177 / 208 TTJ 194 (Mum.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-TDS to be deducted on payment for sale promotion, legal and professional fees, etc.-Even if it was not credited to the respective parties account-Disallowance is confirmed. [S. 201(1), 201(IA)]

Lease Plan India P. Ltd. v. Dy.CIT (2020) 206 TTJ 981 (Delhi)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Provision for guarantee fee are not interest-Not liable to deduct tax at source-DTAA-India-Netherlands. [S. 9(1)(vii), Art. 11, 12(5)(b)]

John Deere India Pvt. Ltd. v. ACIT (2020) 191 DTR 388 / 206 TTJ 213 (Pune)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Payment towards information systems and Telecommunications-Agreement was filed as additional evidence Matter restored for reconsideration in light of fresh evidence submitted by assessee. [S. 40(a)(ia), 254(1)]

Dy. CIT v. India Medtronic Pvt. Ltd. (2020) 205 TTJ 950 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Foreign Trip-Medical professionals-Doctors-Allowable as business expenditure.

Tata Sky Ltd. v. ACIT (2020) 195 DTR 177 / 208 TTJ 194 (Mum.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Investment made during the year in capital assets-Proven to be out of assessee’s own fund-Disallowance was not justified.