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. 40(a)(ii) : Amounts not deductible – Rates or tax – Education Cess was held to be not allowable as business expenditure [ S. 37(1) ]

ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source – Interest paid to head office abroad — Income received on account of interest from Indian branches — Indian Branches are not required to deduct tax at source [ S. 195 ]

Bank of Tokyo-Mitsubishi, UFJ Ltd. v. DCIT (2018) 61 ITR 272 (Delhi) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source- Gas Transmission charges cannot be treated as fees for technical services hence the assessee was not liable to deduction of tax at source u/s 194J . [ S. 194C, 194J ]

ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source -Reimbursement of expenses -Not liable to deduct tax at source- No disallowance can be made for failure to deduct tax at source .[ S. 194I ]

DCIT v. KPMG Advisory Services (P.) Ltd. (2018) 168 ITD 34 (Mum) (Trib.)

S.40(a)(ia):Amounts not deductible – Deduction at source – Recipients had offered the income ,hence no disallowance can be made . The AO was directed to verify said aspects

Vardhvinayak Township Development (P.) Ltd. v. DCIT (2018) 168 ITD 456 (Mum) (Trib.)

S.40(a)(ia):Amounts not deductible – Deduction at source- Advertisement on hoardings- Short deduction of tax at source applying wrong section , no disallowance can be made. [ S. 194C, 194I ]

DCIT v. Vantage Advertising P. LTD. (2018) 61 ITR 564 (Kol.) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source – Payment to foreign shipping companies ,S. 172 is applicable hence not liable to deduct tax at source [ S. 172 ,194C, 195 ]

DCIT v. Associated Pigments Ltd. (2018) 61 ITR 553 (Kol) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source -Retrospective operation — If the recipients had paid due taxes on the amount received from the assessee no disallowance can be made . AO was directed to verify whether the recipient has paid the taxes on amount received from the assesse [ S. 194A,194C ]

Powerware India P. Ltd. v. ITO (2018) 61 ITR 746 (Ctk) (Trib)

S.40(a)(ia):Amounts not deductible – Deduction at source – Payment of commission to foreign agent –Not liable to deduct tax at source, hence , no disallowances can be made .[ S .5(2)(b),9(1)(i) , 195 ]

ACIT v. Manufax (India) S. B. (Agra)(Trib) , www.itatonline.org

S.40(a)(ia):Amounts not deductible – Deduction at source – Payment being not fees for technical services ,not liable to deduct tax at source -DTAA-India –Canada [ S.9(2), Art 12 ]

CIT v. Mira Exim Ltd. (2018) 400 ITR 28 (Delhi) (HC)