S.92C: Transfer pricing — Arm’s length price — Reimbursement of expenses- Addition is held to be not valid .
WM India Technical and Consulting Services Pvt. Ltd. v. Dy. CIT (2020)82 ITR 37 (SN)(Delhi) (Trib)S.92C: Transfer pricing — Arm’s length price — Reimbursement of expenses- Addition is held to be not valid .
WM India Technical and Consulting Services Pvt. Ltd. v. Dy. CIT (2020)82 ITR 37 (SN)(Delhi) (Trib)S. 80P : Co-operative societies – Member of Federation- Bonus- Dividend —Bonus to be considered as dividend- Assessing Officer is directed to verify the nature of the bonus received .[ S.80P(2) (d)
Mysore District Co-Operative Milk Producers Society Union Ltd. v. A CIT (2020)82 ITR 11 (SN)(Bang) (Trib)S. 68 : Cash credits – Share application money — Share premium – Not establishing the creditworthiness – Investment through conduit of investor companies-Addition is held to be justified .
ITO v . KNS Realtors Pvt. Ltd. (2020) 82 ITR 9 (SN)(Delhi) (Trib)S.54F : Capital gains- Investment in a residential house -Vacant land – Not residential property – Entitle to exemption- Cost of acquisition — Fair market value ass on 1-4-1981 —Higher than guidelines value – Estimate is held to be reasonable . [S.45, 55(2)(b) (1) ]
Devika Gunasheela (Dr.) v. JCIT (2020)82 ITR 23 (SN) 185 ITD 408 / (2021 )) 209 TTJ 931/ 199 DTR 157 (Bang) (Trib)S.54F : Capital gains- Investment in a residential house – Joint account – Denial of exemption is held to be not justified [ S.45 ]
Anil Dev v. Dy. CIT (2020) 82 ITR 1 (SN/ 185 ITD 418 / 119 taxmann.com 328 / (2021) 198 DTR 150/ 209 TTJ 920 (Bang) (Trib)S. 54EC : Capital gains – Investment in bonds -Time limit for investment is six months from date of transfer- two financial years -Entitle to exemption – Amendment by Finance (No. 2) Act, 2014 applies prospectively. [ S. 45 ]
Ramesh V. Shetty v .ACIT (2020) 82 ITR 36 (SN)(Bang) (Trib)S. 50C : Capital gains – Full value of consideration – Stamp valuation -Agricultural land – Not a capita asset- A sale consideration more than the district committee rate – Addition cannot be made – Revision is held to be bad in law . [ S. 2(14), 45, 263 ]
Satish Kumar Agarwal v. PCIT (2020) 82 ITR 40 (SN)(Jaipur ) (Trib)S. 50C : Capital gains – Full value of consideration – Stamp valuation -Property purchased from the funds of the firm – Procuring agent and not owner – Addition cannot be made – Matter remanded for verification [ S.45 ]
B. S. Leelavathi (Smt.) v. ITO (2020) 82 ITR 45 (SN)(Bang) (Trib)S.45: Capital gains — Long-term capital gains —Sale of property taking place 11-4-2011 — Capital gains assessable in the year 2012-13 and not in the year 2008-09 . [ S. 2 (47 ) ]
Suresh Bansal v. Dy. CIT (2020)82 ITR 43 (SN)(Delhi) (Trib)S. 40(a)(ia): Amount not deductible -Deduction at source – Fees for professional or technical services – Discount offered to distributors – Non -Resident – Not liable to deduct tax at source- Allowable as expenditure [ S. 9(1) (vi), 37(1) , 194J , 195 ]S. 40(a)(ia): Amount not deductible -Deduction at source – Fees for professional or technical services – Discount offered to distributors – Non -Resident – Not liable to deduct tax at source- Allowable as expenditure [ S. 9(1) (vi), 37(1) , 194J , 195 ]
Nokia India Pvt. Ltd. v. Add. CIT (2020) 82 ITR 16 ((SN)(Delhi) Trib)