Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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.

Dharampal Satyapal Ltd. v. Dy.CCIT (2020) 191 DTR 87 (Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Advance given to subsidiary or sister concern-Share capital reserves and surplus available-Disallowance of interest was deleted.

DCIT v. SNJ Distillers Pvt. Ltd. (2020) 208 TTJ 968 / (2021) 87 ITR 540 (Chennai)(Trib.)

S. 32AC : Investment in new plant or machinery-Acquired before 31st March, 2017-Not required to put to use-Deduction allowed.

Dy. CIT v. Infrasoft Technologies Ltd. (2020) 195 DTR 333 / 208 TTJ 1068 (Delhi)(Trib.)

S. 32 : Depreciation-Intangible Assets-Acquired from business transfer agreement-Depreciation allowable on the basis of valuation report. [S. 32(1)(ii)]

Dy. CIT (LTU) v. Nestle India Ltd. (2020) 194 DTR 113 / 207 TTJ 369 (Delhi)(Trib.)

S. 32 : Depreciation-Installation of asset-Considered as asset has been put to use-Entitle to depreciation-UPS is to be considered as an integral part of the computers and depreciation is to be allowed @ 60%.