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
Click here to download the pdf versions of the Digest of case laws
S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable – Transfer pricing – Royalty – Transfer pricing provision is specific provision – Assessing Officer was required to compare the royalty expenses paid in the case of the similar products by other companies during the relevant period- Disallowance is held to be not valid [ S.92C ].
De Diamond Electric India Pvt. Ltd. v. ACIT (2020)81 ITR 32 (SN) / 195 DTR 97/ 207 TTJ 359(Delhi) (Trib)
S. 40(a)(ii) : Amounts not deductible – Rates or tax – Education cess and higher and secondary education cess — No disallowance can be made .[ S.147 , 148 ]
Thomson Press India Ltd. v . ACIT (2020) 81 ITR 63 (SN) ( Delhi) (Trib)
S. 40(a)(ia): Amounts not deductible – Deduction at source –
Placement fees under contract between Cable operators —Neither commission nor royalty – Not liable to deduct tax source – No disallowance can be made . [ S.9(1) (vi ), 194C, 194J ]
Star India P. Ltd. v ACIT (2020) 81 ITR 8 (SN) (Mum) (Trib)
S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident -Reimbursement of salary cost- No disallowance can be made [ S.192 , 195 ]
Boeing India Pvt. Ltd. v .ACIT (2020)81 ITR 94 (SN) ( Delhi ) (Trib)
S. 38 : Building – Partly used for business -Business income — Income from house property — Entitled to proportionate deduction for remaining period of seven months of repairs and maintenance [ S. 22, 38(2)]
Wilhelmsen Ship Management India Pvt. Ltd. v .Dy. CIT (2020) 81 ITR 14 (SN) ( Mum) (Trib)
S. 37(1) : Business expenditure — Motor car, conveyance and miscellaneous expenses — Ad hoc disallowance- Books of account not rejected – Disallowance is held to be not justified [ S.145 ]
The Rajlaxmi Cotton Mills P. Ltd. v .Dy. CIT (2020) 81 ITR 52 (SN) ( Kol) (Trib)
S. 37(1) : Business expenditure — Motor car, conveyance and miscellaneous expenses — Ad hoc disallowance- Books of account not rejected – Disallowance is held to be not justified [ S.145 ]
The Rajlaxmi Cotton Mills P. Ltd. v .Dy. CIT (2020) 81 ITR 52 (SN) ( Kol) (Trib)
S.37(1): Business expenditure -Capital or revenue – Expenses for upgradation and renewal of existing software — Revenue Expenditure.
Dy. CIT v. Cadence Design Systems (India) P. Ltd. (2020) 81 ITR 35 (SN) ( Delhi ) (Trib)
S. 32 : Depreciation -Satellite Television Channels — Brand Licence Fees — Entitle to depreciation .
Star India P. Ltd. v ACIT (2020) 81 ITR 8 (SN) (Mum) (Trib)
S.32: Depreciation —Computer accessories and peripherals integral part of computer system — Entitled to depreciation at sixty per cent.
Dy. CIT v. Cadence Design Systems (India) P. Ltd. (2020) 81 ITR 35 (SN) ( Delhi ) (Trib)