S. 28(i) : Business income-Excess wastage of raw material-Cannot be assessed as suppressed/unaccounted production.
Medley Pharmaceuticals Ltd. v. DCIT (2020) 184 ITD 8/207 TTJ 143 (Mum.)(Trib.)S. 28(i) : Business income-Excess wastage of raw material-Cannot be assessed as suppressed/unaccounted production.
Medley Pharmaceuticals Ltd. v. DCIT (2020) 184 ITD 8/207 TTJ 143 (Mum.)(Trib.)S. 23 : Income from house property-Annual value-Unrealised rent-Failure to produce evidence-Unrealized rent not allowable as deduction. [S. 24, R.4]
ITO v. Yashovardhan Tyagi. (2020) 184 ITD 461 (Delhi)(Trib.)S. 14A : Disallowance of expenditure-Exempt income-Surrender of right to claim exemption-Matter remanded. [S. 10(34)]
BBR Projects (P.) Ltd. v. ITO (2020) 184 ITD 842 (Hyd.)(Trib.)S. 14A : Disallowance of expenditure-Exempt income-Interest free funds available was far more than investment-No interest expenditure can be disallowed. [R. 8D]
Zaveri & Co. (P.) Ltd. v. DCIT (2020) 184 ITD 777 (Ahd.)(Trib.)S. 14A : Disallowance of expenditure-Exempt income-Average value of investment which has yielded income during year shall only be considered for purpose of disallowance. [R. 8D]
Anant Raj Ltd. v. ACIT (2020) 184 ITD 820 (Delhi)(Trib.)S. 14A : Disallowance of expenditure-Exempt income-No disallowance of expenses can be made if there is no exempt income earned during relevant previous year. [R. 8D]
Global Tech Park (P.) Ltd. v. ACIT (2020) 184 ITD 673 (Bang.)(Trib.)S. 14A : Disallowance of expenditure-Exempt income-Not recording of satisfaction-Disallowance is held to be not justified. [R. 8D]
DCIT v. DML Exim (P.) Ltd. (2020) 184 ITD 432 (Rajkot)(Trib.)S. 11 : Property held for charitable purposes-Application of income-Income applied outside India for educational purpose-Specific approval from CBDT for said purpose-Claim of exemption was allowed-Rectification order passed by the Assessing Officer allowing the claim-Rectification order merged with Assessment order-Commissioner (Appeals) cannot hold that original order will survive. [S. 11(1)(c), 12A, 250]
Tata Education and Development Trust v. ACIT (2020) 184 ITD 234 / 192 DTR 313 / 206 TTJ 777 (Mum.)(Trib.)S. 10A : Free trade zone-Turnover-Providing technical services outside India-Expenditure incurred towards date link charges/telecommunication charges etc-Excluded both from export turnover and total turnover for purpose of computation of deduction-Profit enhanced on account of disallowance entitled for deduction-Subsequent realized export income which was claimed by filing revised return is entitle for deduction. [S. 40(a)(ia)]
Yahoo Software Development (P.) Ltd. v. Dy. CIT (2020) 80 ITR 528 / 184 ITD 305 / 196 DTR 241 / 208 TTJ 1072 (Bang.)(Trib.)S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Reimbursement of cost for rendering administrative services-Not taxable in India as fee for technical services-DTAA-India-Denmark. [S. 9(1))(vi), Art. 13]
Damco International A/S v. DCIT (IT) (2020) 184 ITD 194 / 208 TTJ 858 (Mum.)(Trib.)