This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 48 : Capital gains-Computation-Sale of ancestral property-capital gain shall be calculated by taking amount received towards extinguishment of his right in the property-Matter remanded. [S. 45]
Sitaram Rakhmaj Bankar v. Dy. CIT (2020) 195 DTR 297 / 207 TTJ 771 (Pune)(Trib.)
S. 43B : Deductions on actual payment-Not claimed any deduction on account of service tax payable-Disallowance is held to be not justified.
DCIT v. Alstom India Ltd. (2020) 207 TTJ 932 (Mum.)(Trib.) Alston Projects (India) Ltd. v. ITO (2020) 207 TTJ 932 (Mum.)(Trib.)
S. 43B : Deductions on actual payment-Service tax-Neither included this amount of service tax in the turnover/revenue receipts-nor claimed as deduction in the profit and loss account-No disallowance can be made.
Den Futuristic Cable Networks Pvt. Ltd. v. ITO (2020) 206 TTJ 7 (UO) (Jaipur)(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.
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-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.
Caprihans India Ltd. v. Dy. CIT (2020) 203 TTJ 450 (Mum.)(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.
Grand Lilly Motels Ltd. v. ACIT (2020) 203 TTJ 30 (UO) (Amritsar) (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]
Komorrah Limestone Mining Company Ltd. v. ACIT (2020) 203 TTJ 518 (Gauhati)(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]
ASUS India Pvt. Ltd. v. ACIT (2020) 208 TTJ 1 (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)]
Tata Sky Ltd. v. ACIT (2020) 195 DTR 177 / 208 TTJ 194 (Mum.)(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)]
Lease Plan India P. Ltd. v. Dy.CIT (2020) 206 TTJ 981 (Delhi)(Trib.)