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 expenditure

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 : Income

SYMANTEC ASIA PACIFIC PTE LTD. VS DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)
DELHI TRIBUNAL, Aug 31, 2020

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-resident

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 : TDS

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 cases

COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) & ORS. VS AUTHORITY FOR ADVANCE RULING INCOME TAX & ANR.
HIGH COURT OF DELHI, Aug 27, 2020

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 rulings

ASSISTANT COMMISSIONER OF INCOME TAX VS BAJAJ HOLDINGS & INVESTMENTS LTD.
BOMBAY TRIBUNAL, Aug 28, 2020

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 expenditure

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 gains

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 tax

MICROSOFT CORPORATION (INAI) PVT. LTD. VS DEPUTY COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Aug 07, 2020

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 : Depreciation

DEPUTY COMMISSIONER OF INCOME TAX VS EBONY RETAIL HOLDING LTD.
DELHI TRIBUNAL, Aug 20, 2020

Forfeiture of security deposit arising out of the business activities of the assessee is a business loss.

Subject : Business expenditure

JINDAL REALITY PVT. LTD. VS DEPUTY COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Aug 18, 2020

Once the business had been set up and also commenced in instant year itself, then the interest expenses claimed by the assessee and any other expenditure claimed by the assessee are to be allowed as business expenditure.

Subject : Business income

RAJENDRA JOSHI VS INCOME TAX OFFICER
DELHI TRIBUNAL, Aug 14, 2020

For the purpose of utilisation of the amount for purchases/construction of residential house, the date of filing of return of income under section 139(1) has to be construed with reference to the due date prescribed for filing return of income under section 139 (4)

Subject : Capital gains

ASSISTANT COMMISSIONER OF INCOME TAX VS ANALA ANJIBABU
VISHAKAPATNAM TRIBUNAL, Aug 17, 2020

AO is not permitted to invoke the provisions of section 56(2)(vii)(b)(ii) in the absence of sub clause (ii) in the Act as on the date of agreement.

Subject : Income from other sources

COMMISSIONER OF INCOME TAX & ORS. VS NALWA INVESTMENT LTD. & ORS.
HIGH COURT OF DELHI, Aug 07, 2020

Taxable event is not just a matter of entries made in the account books of the assessee but is essentially one of substance and of the real nature of what transpired in the transaction.

Subject : Capital gains

SUN POLYMERS VS INCOME TAX OFFICER
PUNE TRIBUNAL, Aug 05, 2020

Invoices obtained at a higher value for machines bought by assessee from open market and installed at its factory premises cannot be treated as unexplained as to bring it within the purview of section 69.

Subject : Income from undisclosed sources

OASYS GREEN TECH PRIVATE LIMITED VS INCOME TAX OFFICER
HIGH COURT OF MADRAS, Jul 30, 2020

Assessment cannot be held be invalid on the ground that the notice was issued to a non-existing entity where, by its very conduct, the assessee had led the Department to believe that the amalgamated company as an entity, existent.

Subject : Writ

GOLDMOHAR DESIGN AND APPAREL PARK LTD. VS PRINCIPAL COMMISSIONER OF INCOME TAX
BOMBAY TRIBUNAL, Jul 31, 2020

The stamp duty expenses incurred for taking the property under consideration on lease for a period of 33 years cannot be construed as an "intangible asset" within the meaning of Sec. 32(1)(ii).

Subject : Revision

DIRISALA BALA MURALI VS INCOME TAX OFFICER
VISHAKAPATNAM TRIBUNAL, Jul 29, 2020

Cash deposits or deposits made in bank account required to be brought to tax u/s 69 and not u/s 68 of the Act.

Subject : Income

INCOME TAX OFFICER VS LATE SHRI AMARCHAND P SHAH BY LEGAL HEIR NITIN A SHAH
BOMBAY TRIBUNAL, Jul 08, 2019

Information received by AO from Directorate of Income-tax (Investigation) is an information received from internal sources and is not covered by exception as is contained in para 10(e) of CBDT circular dated 11.07.2018 as modified on 20

Subject : Appeals