Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


USG Buildwell Pvt. Ltd. v. Add. CIT (2021) 87 ITR 151 (Delhi)(Trib.)

S. 68 : Cash credits-Investment in earlier years-Selling during the year-Addition cannot be made. [S. 132]

Society For Institute For Professional Studies v. JCIT (2021) 87 ITR 269 (Delhi)(Trib.)

S. 68 : Cash credits-Unsecured loan-Confirmation and bank statement was filed-Interest was paid after deduction of tax at source-Addition was held to be not valid. [S. 12AA]

Jaya Prakash v. ITO (2021) 87 ITR 64 (SN) (Bang.)(Trib.)

S. 45 : Capital gains-Full value of consideration-Addition cannot be made on the basis of receipts shown in form No 26AS-Transfer-Matter remanded to verify whether there was transfer of land in Terms of Section 53 A of transfer of property. [S. 2(27)(v), Transfer of property Act, 1882, S. 53A]

TCI Constructions Ltd. v. Dy. CIT (2021) 87 ITR 45 (SN) (Hyd.)(Trib.)

S. 44AD : Presumptive taxation-Contract receipts-Contract and sub-contract-Income to be estimated at 8 percent on contract receipt and 5 percent on sub-contract receipts only-Scrap sales to be treated as business receipts taxable at 8 percent.

USG Buildwell Pvt. Ltd. v. Add. CIT (2021) 87 ITR 151 (Delhi)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Not claimed as expenditure-Books of account not rejected-No disallowance can be made-Additional payment for purchase of land-Deduction not claimed-No disallowance can be made. [S. 37(1), 145]

Srabani Constructions Pvt. Ltd. v. ACIT (2021) 87 ITR 7 (SN) (Cuttack) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source Tax deducted from payments to contractor-Tax was deposited with interest for delay prior to competition of assessment-Disallowance is not justified. [S. 37(1), 201(IA)]

Dy. CIT v. Sisecam Flat Glass India Ltd. (2021) 87 ITR 1 (SN) (Kol.) (Trib.)

S. 37(1) : Business expenditure-Interest rate hedging contract-Underlying transaction was interest payable on loan-Loss or gain from interest rate swap arrangement is revenue.

Senior India P. Ltd. v. Dy.CIT (2021) 87 ITR 62 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Provision for warranty claims-Estimate of provision on basis of past historical trend of warranty claims not reliable-Provision not allowable. [S. 145]

Dy. CIT v. Realistic Realitors Pvt. Ltd. (2021) 87 ITR 30 (SN) (Delhi) (Trib.)

S. 37(1) : Business expenditure-Payment to sub-broker-Statement of third party was not confronted-No disallowance can be made.

Add. CIT v. Bunge India Pvt. Ltd. (2021) 87 ITR 34 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Market research expenses-Allowable as revenue expenditure.