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)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)S.28(i) : Business loss- Foreign exchange forward contracts to safeguard against losses due to fluctuation in foreign currency —Not speculative activity but business activity [ S.37 (1) ]
S. Vinodkumar Diamonds P. Ltd. v Dy. CIT (2020) 81 ITR 46 (SN) (Mum) (Trib)S.14A : Disallowance of expenditure – Exempt income -Investments in past years — Reserves and surpluses far in excess of investments No disallowance could be made [ R.8D (2)(ii)]
S. Vinodkumar Diamonds P. Ltd. v Dy. CIT (2020) 81 ITR 46 (SN) (Mum) (Trib)S. 14A : Disallowance of expenditure – Exempt income – Investments far below reserves and surpluses — Presumption that invested out of reserves and surpluses — No disallowance shown -Disallowance to the extent of Rs. 1,17,760 was sustained. [ R.8D( 2)(ii) , 2(iii) ]
Mahavir Steel Industries Ltd. v ACIT (2020) 81 ITR 34 (SN) (Pune ) (Trib)S. 14A : Disallowance of expenditure – Exempt income – Only Investments which yielded exempt income during relevant period to be considered for computing average value of investment [ R.8D ]
Gujarat Mineral Development Corporation Ltd. v ACIT (2020) 81 ITR 57 (SN) ( Ahd) (Trib)S. 14A : Disallowance of expenditure – Exempt income – Not recording dissatisfaction with the working of disallowances given by the Assessee- No disallowance can be made – Industrial undertaking – Matter remanded to the Assessing Officer .[ R.8D 80IA(4)(iv) ]
Gujarat Guardian Ltd. v Dy. CIT (2020) 81 ITR 61 (SN) ( Delhi) (Trib)S. 12A : Registration –Trust or institution- Charitable purpose –
Changes in objects clause — No communication form the commissioner – Tribunal directed the CIT(E ) to take into account the amended object which were amended prior to 01.04.2018, examine its genuineness and its compliance with respect to section 2(15) of the Act .[ S. 2(15 ) 11, 12AA, 80G ]
S. 11 : Property held for charitable purposes – Cash withdrawals- Directed to pass a speaking order [ S.2(15) 13 (1) ( c) ]
Dr. D. John Ponnudurai Educational Trust v. Add. DIT (2020) 81 ITR 69 (SN) ( Chennai) (Trib)S. 11 : Property held for charitable purposes – Non-profit organisation — Fee received entitle for exemption-Principle of mutuality not claimed – The Assessing Officer cannot thrust upon the mutuality . [ S.2(15 ) 12A, 13 ]
Confederation of Indian Textile Industry v. ITO (E) (2020)81 ITR 12 (SN) (Mum) (Trib)Central Excise Tariff Act , 1985
S.3 : Levy of duty -Emergency power of Central Government to increase duty of excise – Classification- 100% pure coconut oil in small packing-classifiable under HSN code 15.13-Department classified the packs below 2kg. as “hair oil” under HSN 33.05-classification issues to be resolved based on Rules for interpretation, Chapter Notes, Supplementary Notes, circulars/instructions issued by CBEC and other authorities-Amendment in Central Excise Tariff Heading Act, 1985 w. e. f. 28-02-2005 realigning the tariff headings with HSN-Explanatory Notes under HSN not included in amended CET-whether to be considered-applicability of common parlance test-whether necessary-Difference of opinion in two judges- matter referred to Larger Bench.[ Central Excise Tariff Act , 1985 , Medical and Toilet Preparations Excise Duties Act , 1955 , S.2 , Standards of Weights and Measures ( Packaged commodities ) Rules , 1977, Uttar Pradesh Sales Tax Act , 1948 , S,37B ]
CCE v Madhan Agro Industries India Pvt . Ltd. ( 2018) 67 GST 147 (SC) /( 2018) 15 SCC 733 / MANU/SC/0371/ 2018