S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Purchaser written off Advance paid as bad debts-Advance received is taxable.
Hothur Traders v. ACIT (2021) 87 ITR 20 (SN) (Bang.)(Trib.)S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Purchaser written off Advance paid as bad debts-Advance received is taxable.
Hothur Traders v. ACIT (2021) 87 ITR 20 (SN) (Bang.)(Trib.)S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Travel agency-Cash payments exceeding prescribed limits-business contingency-Payment genuine-Not disallowable. [Rule 6DD]
ITO v. Suresh Kumar (2021)187 ITD 311 (Delhi)(Trib.)S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Diversion of income-Matter remanded-lockdown was in force was to excluded for purpose of time limits set out in rule 34(5) of ITAT Rules for pronouncement of orders. [ITAT R. 34(5)]
CIMS Hospital (P.) Ltd. v. DCIT (2021) 187 ITD 449 (Ahd.)(Trib.)S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Related parties-Fair market value of rent-Failure to conduct any enquiry-No disallowance can be made-Sister-in-law of an individual does not fall under definition of relative under section 2(41)-Rental payment on account of godowns / shop made to sisters-in-law could not be disallowed. [S. 2(41), 56(2)]
Rajesh Bajaj v. DCIT (2021) 187 ITD 230 / 211 TTJ 750/ 201 DTR 310 (All.)(Trib.)S. 40(b) : Amounts not deductible-Book profit-Remuneration-Interest income-included for computation of Book profit for computing partner’s remuneration. [S. 40(b)(v)]
Mac Industries v. ITO (2021) 187 ITD 322 / 211 TTJ 597 / 201 DTR 264(Surat)(Trib.)S. 40(b) : Amounts not deductible-Partnership-Remuneration payable to partners. Partnership Deed not specify manner of computation. Disallowance accepted. [S. 40(b)(v)]
Quality Traders v. ITO (2021) 87 ITR 26 (SN) (Delhi)(Trib.)S. 40(a)(ia) : Amounts not deductible-Deduction at source-Long term capital gains on sale of immoveable property-Commission paid without deduction of tax at source-No disallowance can be made while computing the income under the head capital gain. [S. 45, 194H]
R. K. Associates. v. ITO (2021) 187 ITD 827 (Bang.)(Trib.)S. 40(a)(ia) : Amounts not deductible-Deduction at source-Commission to non-resident entities-Services rendered outside India-Not liable to deduct tax at source-Article 7 of the OECD Model Convention. [S.195]
Modern Threads India Ltd. v. ACIT (2021) 187 ITD 815 / 211 TTJ 1 (UO) (Jaipur)(Trib.)S. 40(a)(ia) : Amounts not deductible-Deduction at source-Interest expenditure-Recipients have shown income in their respective returns-No disallowance could be made-Second proviso to section 40(a)(ia) is declaratory and curative and it has retrospective effect from 1-4-2005. [S. 194A]
ARSS Infrastructure Project Ltd. v. DCIT (2021) 187 ITD 727 (Cuttack)(Trib.)S. 40(a)(ia) : Amounts not deductible-Deduction at source-Presumptive taxation scheme-Interest-No disallowance can be made for failure to deduct tax at source. [S. 44AB, 44AD, 194A]
Bipinchandra Hiralal Thakkar v. ITO (2021) 187 ITD 477 / 211 TTJ 496 / 201 DTR 227 (Surat)(Trib.)