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.69A: Un explained money- Performance charges in weddings- No evidence whatsoever or any incriminating documents which indicated attendance of marriage functions by assessee in absence of any corroborative material addition could not be made solely on basis of statement obtained from secretary of assessee .
Priyanka Chopra (Ms). v. DCIT (2018) 171 ITD 437/ 170 DTR 342/195 TTJ 900 (Mum) (Trib.)
S. 69 :Unexplained investments – Loose papers- Proposal to buy flat- Deal was cancelled – Addition is held to be not justified .
Priyanka Chopra (Ms). v. DCIT (2018) 171 ITD 437/ 170 DTR 342/195 TTJ 900 (Mum) (Trib.)
S. 44B : Shipping business – Non-residents – Inland Haulage Charges ( IHC)- Income derived from operation of ship in international traffic- Not taxable in India – DTAA- India -France [ Art.9 ]
Delmas S.A.S. v. DCIT (2018) 171 ITD 373 /(2019) 197 TTJ 1 (UR) / 67 ITR 44 (SN)(Mum) (Trib.)
S. 36(1)(iv) : Contribution to recognized provident fund – Contribution to provident fund which is constituted under Gujarat Co Operative Societies Act , 1961 is eligible deduction . [ S.2(38) 40A(9) , Gujarat Co-operative Societies Act, 1961 , S.71, 72 ]
Shree Kadodara Vibhag Nagrik Bachat Ane Dhiran Karnari Sahkari Mandli Ltd. v. ITO (2018) 171 ITD 431 (Ahd) (Trib.)
S. 35AD: Deduction in respect of expenditure on specified business-Hotel business- Granted certification for categorization of its hotel as three star hotel -Entire capital expenditure is allowable as deduction .
ACIT v. River View Hotels. (2018) 171 ITD 404 (Ahd) (Trib.)
S. 15 : Salaries – Salary paid to manging Director in excess of ceiling prescribed by as per Companies Act is taxable as salary provided the excess amount paid was not recovered by the Company .[ S.5 ]
Nate Nandha Nee Natarajan Nandagopal v. ACIT (2018) 171 ITD 399 /170 DTR 81/ 195 TTJ 644 (Chennai) (Trib.)
S. 12AA : Procedure for registration –Trust or institution- Failure to dispose application with in prescribed period of six months – registration would be deemed to have been granted from date of inception of assessee-University. [ S.12A ]
Visvesvaraya Technological University v. CIT (2018) 171 ITD 414 (Bang) (Trib.)
S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services – Training services rendered by assessee to Indian Hotels could not be held to be technical services, nor same could have been characterized as ‘ancillary and subsidiary’ services – DTAA-India- Netherland [ Art .12(5)(a) ]
Renaissance Services BV. v. DIT (IT) (2018) 171 ITD 381 / 171 DTR 30/195 TTJ 1049 (Mum) (Trib.)
S. 9(1)(i): Income deemed to accrue or arise in India– Reimbursement of expenses – Failure to substantiate on basis of any clinching evidence – Assessable as business income- India -Nether land . [ Art.7,12 ]
Renaissance Services BV. v. DIT (IT) (2018) 171 ITD 381 / 171 DTR 30/ 195 TTJ 1049 (Mum) (Trib.)