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. 68 : Cash credits-Share premium-Valuation report was filed- Assessing Officer failing to examine bank accounts from where investment routed to investigate creditworthiness of creditors, identity of subscribers and genuineness of transaction-Deletion of addition is held to be justified.

ITO v. Aravali Prime Consultants P. Ltd. (2020) 83 ITR 2 (SN) (Jaipur) (Trib.)

S. 43B : Deductions on actual payment-Payment of Employees’ contributions to provident fund beyond period stipulated-Allowable as deduction.

Dy. CIT v. Coffee Day Global Ltd. (2020) 83 ITR 41 (SN) (Bang.)(Trib.)

S. 43A : Rate of exchange-Foreign currency-Loss on conversion of outstanding foreign exchange currency into Indian rupees at end of year on account of outstanding unsecured loans-Matter remanded to Assessing Officer to examine facts whether loss was on capital account or revenue account. [S. 254(1)]

Shin-Etsu Polymers India P. Ltd. v. Dy. CIT (2020) 83 ITR 64 (SN) (Chennai)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Discount offered to distributors for promotion of sales-Not commission-Not liable to deduct tax at source-No disallowances can be made-Trade discount allowable as business expenditure. [S. 194H]

Nokia India Pvt. Ltd. v. Add. CIT (2020) 83 ITR 69 (SN) (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Deducting tax at one Per Cent. instead of two per cent-No disallowance can be made.

Dy CIT v. EXL Service.Com (India) Ltd. (2020) 83 ITR 11 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Telephone and Telex, Vehicle running and maintenance and depreciation on Vehicle-Ad hoc addition of ten per cent-Not sustainable-Expenditure on software matter remanded.

Vinay Bhasin v. ACIT (2020) 83 ITR 78 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Profits on sale of asset–Prior period expenses-Earned leave paid to employees-Matter remanded to the Assessing Officer. [S. 254(1)]

Sun Paper Mill Ltd. v. Dy. CIT (2020) 83 ITR 44 (SN) (Chennai)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue- Differential lease premium and processing fees-Fixed asset-Capital expenditure- Depreciation allowable. [S. 32]

Nuclear Healthcare Limited v. ACIT (2020) 83 ITR 35 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Marketing expenses-Mobile handsets issued free of cost to after-Marketing services Centers, annual maintenance and services contractors, dealers and employees-Cost allowable as business expenditure–Trade discount also allowable as business expenditure.

Nokia India Pvt. Ltd. v. Add. CIT (2020) 83 ITR 69 (SN) (Delhi)(Trib.)

S. 37(1) : Business expenditure-Recruitment of employees-Held to be allowable as deduction.

Dy. CIT (LTU) v. EXL Service.Com (India) Pvt. Ltd. (2020) 83 ITR 11 (SN) (Delhi)(Trib.)