S. 14A : Disallowance of expenditure – Exempt income – No disallowance can be made if no exempt income is earned. [R.8D ]
HLL Lifecare Limited v. ACIT (2018) 191 TTJ 1 (UO) / 66 ITR 361 (Cochin) (Trib.S. 14A : Disallowance of expenditure – Exempt income – No disallowance can be made if no exempt income is earned. [R.8D ]
HLL Lifecare Limited v. ACIT (2018) 191 TTJ 1 (UO) / 66 ITR 361 (Cochin) (Trib.S. 12AA :Procedure for registration –Trust or institution – Registration granted cannot be denied in the subsequent years when there is no change in the objcts of the assessee only on the prseumtion that proviso to S.2(15) is applicable [2(15) ]
HMDA v. CIT(E) (2018) 161 DTR 82 / 191 TTJ 122 (Hyd.)(Trib.)S. 11 : Property held for charitable purposes – The denial of exemption was held to be justified as the Trust was running schools and institutes on a commercial basis howvver donations made by the assessee to another charitable trust should be regarded as application of income towards the object of the trust. [S. 2(15) 13]
IILM Foundation v. Addl. DIT(E) (2018) 61 ITR 186 (Delhi)(Trib.)S.10(27):Co-operative society- Schedule Castes or Schedule Tribes –Matter remanded for fresh disposal .
ITO v. Mizoram Co-operative Apex Bank Ltd. (2015) 154 ITD 421 / (2018) 191 TTJ 371 (Guwahati ) ( Trib.)S. 9(1)(v) : Income deemed to accrue or arise in India – Interest – Guarantee fee earned by the assessee on providing guarantee to various banks to extend credit facilities to its Indian subsidiaries would not fall within the term interest and also in view of clause 3 of Article 23 of the India UK treaty in the absence of any specific provision dealing with corporate or bank guarantee recharge, had to be taxed in India as ‘Income from Other Sources’. Also amount paid by AE for seconding its employee was taxable in India or not was remanded back to determine the nature of services rendered in light of the secondment agreement-DTAA-India –UK . [S. 9(1)(vii)]
Johnson Matthey Plc v. Dy. CIT(IT) (2018) 161 DTR 132 / 191 TTJ 1 (Delhi)(Trib.)S. 9(1) Income deemed to accrue or arise in India – Company situated in UAE but having effective control and management situated in Germany could not claim benefit of the India-UAE tax treaty but it can claim benefits of the India-Germany tax treaty.-DTAA- India UAE Germany [ Art .4,8,29 ]
ITO (IT) v. Martrade Gulf Logistics FZCO-UAE (2018) 162 DTR 22 / 191 TTJ 575 (Rajkot)(Trib.)S. 6(5) : Residence in India – Deemed residence – Where status of assessee was taken as resident for computing his business income, his status would remain the same for salary income earned outside India.[S.5]
ITO v. Rajesh Joshi (2018) 163 DTR 137 (Asr.)(Trib.)S.80IA : Industrial undertaking —Power generation plant – Manufacturer of yeast setting up plant for generation of steam power from biogas , generation of cooling power from ammonia absorption refrigeration plant for maintaining temperature of yeast is entitled to deduction
Saf Yeast Co. P. Ltd. v. Dy. CIT (2018) 62 ITR 381/ 51 CCH 745 (Mum)(Trib.)S.43B : Certain deductions on actual payment – Employees’ contribution to provident fund and employees’ state insurance, deposited before due date for filing of return is allowable as deduction.[ S.139(1) ]
Powerware India P. Ltd. v. ITO (2018) 61 ITR 746 (SMC) (Cuttack)(Trib.)S.37(1) : Business expenditure — Freebies to Doctors – Advertisement and sales promotion expenses incurred by the Pharmaceutical company cannot be disallowed , on the basis circulars by Medical Council of India.
Emcure Pharmaceuticals Ltd. v. Dy.CIT (2018) 62 ITR 744 (Pune)(Trib.)