S. 144 : Best judgment assessment – Addition made cash deposited during demonetization period. – Addition on account of business income – Violation of principle of natural justice –
Matter remanded to Assessing Officer [ S.142 (1), Art , 226 ]
S. 144 : Best judgment assessment – Addition made cash deposited during demonetization period. – Addition on account of business income – Violation of principle of natural justice –
Matter remanded to Assessing Officer [ S.142 (1), Art , 226 ]
S. 92C : Transfer pricing – Arm’s length price – Comparable – Test of functional similarity applied by Tribunal is in consonance with legal position discussed herein above— Order of Tribunal is affirmed [ S.92B(2), 260A ]
PCIT v. Open Solutions Software Services P. Ltd. (2020) 191 DTR 76 / 315 CTR 497 (Delhi) (HC )S. 80G : Donation -Renewal of exemption is held to be justified [ S. 11, 12A, 80G (5)(iii) ]
DIT(E) v. C.B.C.I. Society for MedicalS. 50B : Capital gains – Slump sale – Complete code – Deletion of addition is held to be valid [ S. 2(19AA), 2(42C), 48, 49 ]
PCIT v. Wockhardt Hospitals Ltd. (2020) 192 DTR 289 / 316 CTR 157 (Bom.) (HC)S. 47(v) : Capital gains – Transaction not regarded as transfer – Subsidiary to holding company – Not necessarily whole of the shares of the subsidiary company is held by holding company – A construction which results in rendering a provision redundant must be avoided – Entitle to exemption . [ S.47 (iv)]
CIT v. Shardlow India Ltd. (2020) 193 DTR 73 / 316 CTR 297 (Mad)(HC)S. 37(1) : Business expenditure – Discount to custoners – Higher percentage than discount granted earlier year – Disallowance is arbitrary – Income- tax Authorities must put themselves in the shoes of the assessee and see how a prudent businessman would act -Books of account not rejected – Allowable as business expenditure .
Tristar Motors v. ACIT (2020) 196 DTR 209 (Karn) (HC)S. 37(1) : Business expenditure – Deferred revenue expenditure – Advertisement publicity and sales promotion – Allowable in the year it was incurred .
CIT v. Godrej Foods Ltd. (2020) 193 DTR 212 / (2021) 318 CTR 506 (MP)(HC)S. 37(1) : Business expenditure – Provision for warranty – Held to be allowable as deduction .
CIT v. Amco Batteries Ltd. (2020) 193 DTR 169/316 CTR 772 (Karn) (HC)S. 28(i) : Business income – Income derived from letting out of property to the tenants as income from business in the hands of the owner of the property- Assessable as business income [ S.14A, 22, 56 ]
CIT v. Tidel Park Ltd. (2020) 195 DTR 356 (Mad) (HC)S .14A : Disallowance of expenditure – Exempt income – Non recording of satisfaction – No disallowance can be made [ R.8D ]
PCIT v. CIMS Hospital P. Ltd. (2020) 193 DTR 275 / (2021) 318 CTR 349 (Guj.)(HC)