S. 48 : Capital gains-Computation-Sale of land-Interest paid was not claimed as deduction-Gifts from relatives-Matter remanded. [S. 24, 45, 69A]
S. 48 : Capital gains-Computation-Sale of land-Interest paid was not claimed as deduction-Gifts from relatives-Matter remanded. [S. 24, 45, 69A]
S. 45 : Capital gains-Registered JDA along with registered GPA for development of property-Actual receipt of profits is not relevant-Liable to capital gains tax on transfer of capital asset. [S. 2(47 (v), Transfer of Property Act, 1882, S. 53A]
S. 45 : Capital gains-Sale of shares-Forming part of a lot purchased-Assessable as capital gains and not as business income. [S. 28(i)]
S. 43B : Deductions on actual payment-Employee’s contribution to ESI/PF-Deposited before due date of filing of return-No disallowance can be made-Amendment to section 36(1)(va) brought by Finance Act, 2021 which came into effect from 1-4-2021 as same has no retrospective applicability. [S. 2(24)(x), 36(1)(va), 139(1)]
S. 43B : Deductions on actual payment-Disallowance of interest in earlier years-Allowable in the year of payment. [S. 145]
S. 40(a)(iib) : Amounts not deductible-Guarantee commission-Not liable to deduct tax at source-Not in the nature of levy on a State Government undertaking by State Government-Contract payment-Allowable as business expenditure. [S. 37(1)]
S. 40(a)(ii) : Amounts not deductible-Rates or tax-Additional ground admitted-Education Cess and Higher and Secondary Education Cess are allowable as deduction. [S. 28(i), 37(1), 254(1)]
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)]
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]
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)]