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DEPUTY COMMISSIONER OF INCOME TAX VS RAMESH PRASAD SAO
KOLKATA TRIBUNAL, Aug 24, 2020
Periphery Development Expenses are for the purposes of welfare of the peoples residing nearby mining activities and these expenses were wholly and exclusively for the business purpose.
Subject : Business expenditureLegislation Referred To : Section 37, 2(24)(x), 36(1)(va)
In Favour Of : Assessee
DEPUTY COMMISSIONER OF INCOME TAX VS FUTURA BIOPLANTS PVT. LTD.
PUNE TRIBUNAL, Aug 31, 2020
Activities of purchase of mother plants and sale of flowers developed therefrom, shall be deemed to be agricultural income.
Subject : IncomeLegislation Referred To : Section 2(1A), 32
In Favour Of : Assessee
Amended definition of Royalty under the domestic law even if amended with retrospective effect cannot be extended to the definition of ‘Royalty’ under the DTAA where the term ‘Royalty’ under the DTAA has not been amended
Subject : Non-residentLegislation Referred To : Section 9(1)(vi) and Article 12(3) of India and Singapore DTAA
In Favour Of : Assessee
ARIHANT CHARITABLE TRUST VS INCOME TAX OFFICER (TDS)
INDORE TRIBUNAL, Aug 31, 2020
Collection, transportation and disposal of waste by assessee cannot be said to be in the nature of technical, managerial or consultancy services as envisaged in Section 194J. It is covered under the provisions of Section 194C.
Subject : TDSLegislation Referred To : Section 194C, 194J, 201
In Favour Of : Assessee
HARYANA GRAMIN BANK VS DEPUTY COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Aug 28, 2020
It is not that amalgamation will be effective in relation to the assessment year when it came into effect, but the pending proceedings of earlier assessment years also cannot be carried on such non-existence person.
Subject : Liability in special casesLegislation Referred To : Section 43D, 143(2), 170(2), 142(1), 92CA(3)
In Favour Of : Assessee
A question cannot be said to be pending under Clause (i) of proviso to Section 245R(2) upon issuance of a mere notice under Section 143(2) especially when it has been issued in a standard pre-printed format and the questions raised before the authority for advance ruling do not appear to be forming the subject matter of the said notice
Subject : Advance rulingsLegislation Referred To : Section 245R(2), 143(2)
In Favour Of : Assessee
When the dies and moulds were attached to the machine to manufacture the designed product, claim would fall for consideration only under Section 31.
Subject : Business expenditureLegislation Referred To : Section 31, 80HHC
In Favour Of : Assessee
RAJ PAL SINGH VS COMMISSIONER OF INCOME TAX
SUPREME COURT OF INDIA, Aug 25, 2020
In matters relating to compulsory acquisition of land under the Act of 1894, capital gains shall be deemed to have accrued upon making of the award in the case of ordinary acquisition.
Subject : Capital gainsLegislation Referred To : Section 45
In Favour Of : Revenue
STANDARD CHARTERED BANK VS DEPUTY COMMISSIONER OF INCOME TAX
BOMBAY TRIBUNAL, Aug 21, 2020
Payment of TDS by the assessee would relate back to the date of presentation of cheques by the assessee to the banker.
Subject : Advance taxLegislation Referred To : Section 201(1A), 234B
In Favour Of : Assessee
When there is addition of civil work, such addition of civil work even on long lease is to be treated a building for providing depreciation.
Subject : DepreciationLegislation Referred To : Section 32
In Favour Of : Assessee(partly)
