Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ramesh Verma v. ACIT (2022) 195 ITD 545 (Lucknow)(Trib.)

S. 43(5) : Speculative transaction-Trading in commodity derivatives-Chargeable to commodities transaction tax-Recognised associations-Cannot be assessed as deemed speculative transactions-loss arising from derivatives can be set off against profit of medical derivatives business of assessee. [S. 70, 73]

ACIT v. Uniworth Textiles Ltd. (2022) 195 ITD 675 (Kol.) (Trib.)

S. 41(2) : Profits chargeable to tax-Balancing charge-Asset continued to hold-losses arising from impairment in the value of assets-Impairment in value of the asset was calculated on registered valuer report-Provision is not applicable-Loss not allowable as a deduction. [S. 41(1)]

Shree Buuilcon & Associates (2022) 195 ITD 671 (Pune)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Payments to contractors-Transactions were genuine and parties identifiable-Disallowance is upheld. [R. 6DD(k)]

T C Srinivasa v. ITO (2022) 195 ITD 127 (Bang.)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Stock in trade-Insistence of seller-Matter remanded for verification. [R. 6DD(g), 6DD(j]

Bhushan Logistics (P.) Ltd. v. ITO (2022) 195 ITD 756 (Mum.) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Rent-Payment to each party less than Rs. 1,50,000-Not liable to deduct tax at source-Directed to delete the disallowance. [S. 194I]

Bhushan Logistics (P.) Ltd. v. ITO (2022) 195 ITD 756 (Mum.) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Interest to non-banking financial corporation-Salary to directors-Form No. 26A filed as additional evidence-Matter remanded. [S. 192, 194A, 201]

ACIT v. J. P. Yadav (2022) 195 ITD 505 / 214 DTR 273 / 217 TTJ 857 (All.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payments to employees-Audit mistake-Required to get a revised tax audit report/addendum-Matter remanded. [S. 44AB, 147, 194C]

Hindustan Aeronautics Ltd. v. ACIT (2022) 195 ITD 118 (Bang.) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Fes for technical services-Rendering flight testing services in India-Not in nature of fees for technical services-Not liable to deduct tax at sources-DTAA-India-France. [S. (9)(1)(vii), 195, Art. 13]

Bhushan Logistics (P.) Ltd. v. ITO (2022) 195 ITD 756 (Mum.) (Trib.)

S. 37(1) : Business expenditure-Cash expenditure-Diesel, petrol oil and freight-Disallowance of one per cent of expenditure on ad-hoc basis-Disallowance was directed to be deleted.

DCIT v. National Projects Construction Corporation Ltd. (2022) 195 ITD 596 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-The cost of land acquisition and electrification charges the cost of land acquisition and electrification charges-Allowable as revenue expenditure.