S. 37(1) : Business expenditure—Capital or revenue–Royalty payment for use of licensed information–Revenue expenditure.
Maruti Suzuki India Ltd. v. ACIT (2018) 191 TTJ 148 (Delhi)(Trib.)S. 37(1) : Business expenditure—Capital or revenue–Royalty payment for use of licensed information–Revenue expenditure.
Maruti Suzuki India Ltd. v. ACIT (2018) 191 TTJ 148 (Delhi)(Trib.)S. 32 : Depreciation—Improvements on leasehold premises—Capital expenditure—Entitle to depreciation.
Carrier Air-Conditioning & Refrigeration Ltd. v. ACIT (2018) 172 DTR 49 / 195 TTJ 777 (Delhi)(Trib.)S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-business of providing transportation, logistics, and supply chain solutions–Issue was sent back to for deciding whether services involved in the agreement satisfy ‘make Available’ criteria or not— DTAA-India–Singapore [Art. 12(4)]
Ceva Asia Pacific Holdings Co. Pte Ltd. (2018) 192 TTJ 1 (UO) (Dehil)(Trib.)S. 4 : Charge of income-tax–Sales tax subsidy-subsidy given to assesse post accomplishment of project or expansion there, without any obligation to utilize subsidy only for repayment of term loans undertaken by assessee for setting up new units/expansion of existing business, or to liquidate cost incurred in creating capital asset or its expansion, was only in nature of revenue receipt and was liable to be brought to tax.
Maruti Suzuki India Ltd. v. ACIT (2018) 191 TTJ 148 (Delhi)(Trib.)S. 16 : Officers and employees, salary, allowances etc- Management trainee- Person appointed on probation for a specified period – Does not get confirmation automatically.
Anand Kumar v. ICAI (2019) 262 Taxman 65 (Delhi)(HC)S. 271(1)(c) : Penalty–concealment–capital gain exemption claimed–Quantum addition is confirmed-Full disclosure was made –No mala fide intention- Deletion of penalty is held to be justified.
PCIT v. Samir Suryakant Sheth (2019) 103 taxmann.com 197 / 262 Taxman 28 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Samir Suryakant Sheth. (2019) 262 Taxman 27 (SC)S. 271(1)(c) : Penalty–Concealment-Tax paid claimed as deduction- Mistake of chartered accountant–Neither the affidavit nor evidence was produced -Levy of penalty is held to be justified. [S. 37(1), 40(ii)]
Jivanlal and Sons. v. ACIT (2019) 103 taxmann.com 207 / 262 Taxman 24 (Bom.)(HC) Editorial: SLP of assessee is dismissed, Jivanlal and Sons v. ACIT (2019) 262 Taxman 23 (SC)S. 263 : Commissioner-Revision of orders prejudicial to revenue -Bogus purchases and depreciation–Revision is held to be not valid. [S. 32, 69C]
CIT v. Century Plyboards (I) Ltd. (2019) 103 taxmann.com 178 / 262 Taxman 14 (Cal.)(HC) Editorial: SLP of revenue is dismissed, CIT v. Century Plyboards (I) Ltd. (2019) 262 Taxman 13 (SC)S. 260A : Appeal-High Court-Delay of 224 days-Ex-Chairman’s health ailment was sufficient cause- Delay was condoned and High Court is directed to hear the appeal on merits .
Aakash Lavlesh Leisure (P.) Ltd. v. ITO (2019) 262 Taxman 2/ 177 DTR 57 /308 CTR 200 (SC) Editorial: Aakash Lavlesh Leisure (P.) Ltd. v. ITO (2019) 103 taxmann.com 247/ 262 Taxman 4 (Bom.)(HC)S. 215 : Interest payable by assessee–Advance tax-Non deposit of amount by non -resident assessee–Levy was held to be not valid -No question of law.[S. 260A]
CIT (IT) v. Shanghai Electric Group Co. Ltd. (2019) 103 taxmann.com 112 / 262 Taxman 26 (Delhi)(HC) Editorial: SLP of revenue is dismissed, CIT(IT) v. Shanghai Electric Group Co. Ltd. (2019) 262 Taxman 25 (SC)