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
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S. 43D : Public financial institutions–Method of accounting-Accurval of income–Real income theory-Interest on NPAs-Even though the special provision in S. 43D for taxing interest income on NPAs on receipt basis does not apply to NBFCs, it does not mean that NBFCs have to offer interest on bad or doubtful debts to tax on accrual basis. Such interest is not taxable on the real income theory. [S. 145]
PCIT v. Bajaj Finance Ltd( 2019) 178 DTR 219/ 309 CTR 28. (Bom.)(HC), www.itatonline.org
S. 40(a)(ia) : Amounts not deductible-Deduction at source– Payment gateway charges paid to a bank for swiping credit cards are in the nature of fees for banking services and not “commission” or “brokerage”-Not liable to deduct tax at source- No disallowances can be made.[S.194H, 195(3)]
PCIT v. Make My Trip India Pvt. Ltd( 2019) 263 Taxman 271/ 178 DTR 106 / 308 CTR 833 (Delhi)(HC), www.itatonline.org
S. 14A : Disallowance of expenditure-Exempt income–Not recorded the satisfaction for not accepting the disallowance- Deletion of addition is held to be justified. [R. 8D]
PCIT v. Bajaj Finance Ltd( 2019) 178 DTR 219/ 309 CTR 28(Bom.)(HC), www.itatonline.org
S. 271B : Penalty-Failure to get accounts audited-Accommodation entries–Gross amount received to be considered for computing monetary limits of Rs. 40 lakhs and not the commission earned by him –levy off penalty is held to be justified. [S. 44AB]
Mukesh Choksi v. ACIT (OSD) (2019) 175 ITD 394 (Mum.)(Trib.)
S. 194C : Deduction at source–Contractors-Payments to artists-Participation in reality show–Payment made do not fall within the ambit of S.194J as professional fees. [S.194J, 201(1)]
Malayalam Communications Ltd. v. ITO (2019) 175 ITD 433/199 TTJ 502/ 177 DTR 85 (Cochin)(Trib.)
S. 80P : Co-operative societies–Entitle deduction in respect of interest earned from co-operative societies.[S. 80P(2)(a)(i), 80P(2)(d)].
DCIT v. Bardoli Vibhag Gram Udyog Vikas Co-op Credit Society Ltd. (2019) 175 ITD 471 (Surat) (Trib.)
S. 80IB : Industrial undertakings-Production and sale of mosquito repellents-In absence of any other rational basis for allocating income for computation of amount eligible for deduction, ratio of excisable value of output of non-eligible unit vis-a-vis that of eligible units would constitute a good basis for bifurcation of income Matter remanded.
SC Johnson Products (P.) Ltd. v. DCIT (2019) 175 ITD 477 (Delhi) (Trib.)
S. 80G : Donation–Matter remanded to CIT(E) for verification of genuineness of activities of trust.[S. 80G (5)]
Shree Surat Jilla Leuva Patidar Samaj. V. CIT (2019) 175 ITD 469 (Surat)(Trib.)
S. 68 : cash credits–Bank statement is not books of account Sale of shares–Addition on the basis of bank statement treating the statement as books of account is held to be not valid–Natural justice–Statement of third parties cannot be relied upon without giving an opportunity of cross examination. [S. (2(12A), 44AA, 45, 69, 69A, 143(3)]
Amitabh Bansal v. ITO (2019) 175 ITD 401 (Delhi)(Trib.)