S. 37(1) : Business expenditure-Compensation payable-Unascertainable liability-Not allowable as deduction.[S. 145]
Cholamandalam Ms General Insurance Company Ltd. v. ACIT (2018) 170 DTR 22 / 195 TTJ 166 (Chennai)(Trib.)S. 37(1) : Business expenditure-Compensation payable-Unascertainable liability-Not allowable as deduction.[S. 145]
Cholamandalam Ms General Insurance Company Ltd. v. ACIT (2018) 170 DTR 22 / 195 TTJ 166 (Chennai)(Trib.)S. 37(1) : Business expenditure-Provision of various expenses- Following the rule of consistency and accounting principle– Addition was deleted. [S. 145]
Firstsource Solutions Ltd. v. Dy.CIT (2018) 168 DTR 161 /( 2019) 197 TTJ 486(Mum.)(Trib.)S. 37(1) : Business expenditure–Apportionment of expenses–STP unit and non -STP unit–Matter remanded.
Firstsource Solutions Ltd. v. Dy. CIT (2018) 168 DTR 161/( 2019) 197 TTJ 486 (Mum.)(Trib.)S. 37(1) : Business expenditure-Demurrage charges-Held to be allowable-Corporate responsibility and expenditure commission- Held to be not allowable as no details were filed.
NMDC Ltd. v. Dy. CIT (2017) 190 TTJ 757 / (2018) 162 DTR 114 (Hyd.) (Trib.)S. 36(1)(iii) : Interest on borrowed capital-Finance cost-Advertising agency-Held to be not allowable as revenue expenditure as no business income was earned from advertising business or real estate business during the year. [S. 37(1)]
Dheeraj Consultancy (P) Ltd. v. ACIT (2018) 168 DTR 52 / 193 TTJ 638 (Mum.)(Trib.)S. 12A : Registration–Trust or institution-Proviso to S.12A(2) which was added by Finance Act, 2014 shall be retrospective in operation-Entitled to get benefit of registration, [S.10(23C) (iiiad), 10(23C)(vi), 12AA]
Sai Wiran Wali Educational Trust. (2018) 170 DTR 337 / 195 TTJ 956 (Asr.)(Trib.)S. 10AA : Special economic zones-Once claim of deduction had been accepted in first year of operations and also in second year, then in third year same could not be withdrawn by examining factors which were required to be seen in first year of claim-Without withdrawing or setting aside relief granted for first assessment year, AO cannot with draw relief for subsequent assessment years. [S. 10AA(4), 10B]
Macquarie Global Services Pvt. Ltd. (2018) 163 DTR 305 / 62 ITR 666/ 192 TTJ 613 (Delhi)(Trib.)S. 10(23G) : Infrastructure undertaking-Certain incomes of Infrastructure Capital Funds or Infrastructure Capital Companies-Investment in distribution of electricity and not generation of electricity Not entitle exemption. [S. 80IA(4)]
Cholamandalam Ms General Insurance Company Ltd v. ACIT . (2018) 170 DTR 22 / 195 TTJ 166 (Chennai)(Trib.)S. 10(6A) : Foreign company-Contract approved by Indian Government- Royalty or fees for technical services-Grossing up amount – Entitle to exemption – Reversal of provision for royalty –Deletion of addition is held to be justified. [S. 143(3), 154]
Dy.CIT v. Skoda Auto A.S. (2018) 168 DTR 465 / 195 TTJ 961 (Pune)(Trib.)S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Deduction at source-Non-resident-Licence fee-Paid for copy righted article-Maintenance fees-Training fees-Not liable to deduct tax at source-DTAA-India-USA. [S. 195, 197, 201, Art.7, 12]
Reliance General Insurance Co. Ltd. v. ITO (IT) (2018) 171 DTR 185 / 196 TTJ 244/ 67 ITR 26 (SN) (Mum.)(Trib.)