S.48 :Capital gains — Cost of acquisition — Valuation of land and building —Property let out -Valuation should be on basis of rent capitalisation method [ S.45 ]
R. Rosalin Vasanthi ( Smt.) v. ITO (2020) 80 ITR 525 (Chennai) (Trib)S.48 :Capital gains — Cost of acquisition — Valuation of land and building —Property let out -Valuation should be on basis of rent capitalisation method [ S.45 ]
R. Rosalin Vasanthi ( Smt.) v. ITO (2020) 80 ITR 525 (Chennai) (Trib)S.45: Capital gains – Sale of shares – Penny stock – Assessment in search cases — Unexplained Income — Purchase of shares and sale transactions through Online Mode – Merely on presumption addition cannot be made – The presumption needs to be corroborated by some evidence to establish the same. [ S.10(34) , 68 , 69 132(4) 132(4A) ]
Dipesh Ramesh Vardhan v. Dy CIT ( 2020) 81 ITR 91 (SN) 195 DTR 161/ 208 TTJ 318 ( Mum) (Trib)S. 44D : Foreign companies –Non-Resident — Fees For Technical Services — Technical experts on deputation to India — Not entitled to deduction- Ruling given by Authority not binding either on department or Tribunal – Fees for included services taxable — Not entitled to deduction [ S.10B ]
General Motors Overseas Corporation v. ACIT (IT) (2020) 80 ITR 478 (Mum) (Trib)S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to group companies- Reimbursement of expenses – Not liable to deduct tax at source .[ S. 195 ]
ACIT v. APCO Worldwide (India ) Pvt Ltd ( 2020) BCAJ-October – P. 38 ( Delhi) (Trib)S.37(1) : Business expenditure —Corporate social responsibility expenses —Matter remanded [ S.80G ]
First American (India) Pvt. Ltd. v. ACIT (2020) 80 ITR 538 ( Bang) (Trib)S.32: Depreciation — Animation software ,stored in computer for use in films -Entitle to depreciation at 25% and not 60% .
Pentamedia Graphics Ltd. v. Dy. CIT (2020) 80 ITR 555 / 18 5 ITD 145/ 205 TTJ 892 (Chennai) (Trib)S. 32 : Depreciation – Golf course – Plant – Entitle to depreciation .
Landbase India Ltd. v. ACIT (2020) 80 ITR 580 / 185 ITD 40/ 116 taxmann.co 574 ( Delhi) (Trib)S.32 : Depreciation — Transfer —Written down value of block of assets should be reduced by sum received not stamp value — Excess depreciation not allowable.[ S. 2(11) 43(6)(c )(i)(b) ,45, 50C ]
Dy. CIT v. Futurz Next Services P. Ltd. (2020) 80 ITR 58( Delhi ) (Trib)S.28(i): Business loss —Cancellation of purchase orders — Business transactions it is not necessary that all the transactions should be proved by documentary evidence- Loss deductible .
Ramesh Kumar Agarwal v .ITO (2020) 80 ITR 436 ( Delhi) (Trib)S. 14A : Disallowance of expenditure – Exempt income -Foreign investments- Dividend suffered taxation in India – No disallowance can be made – Investments in Indian companies not yielding exempt Income —Has to be excluded . [ R.8D(iii) ]
Pentamedia Graphics Ltd. v. Dy. CIT (2020) 80 ITR 555 / 185 ITD 145/ 205 TTJ 892 (Chennai) (Trib)