Month: August 2018

Archive for August, 2018


Rekhadevi Omprakash Dhariwal v. TRO (2018) 406 ITR 368/ 257 Taxman 109 / 304 CTR 430/ 168 DTR 427(Guj) (HC)

S. 281 : Certain transfers to be void – Failure by Department to bring on record service of notice under Rule 2 — Charge registered by Sub-Registrar six and a half years after sale deed registered in favour of purchaser — Order declaring transfer null and void and notice for auction of property set aside .[ S.179(1) 220, 222 SCH II, RR. 2, 16.]

Designmate India P. Ltd v. CIT ( 2018) 406 ITR 443 ( Guj) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Writ against notice is not maintainable , except where the Commissioner lacks jurisdiction .[ Art 226 ]

CIT v. H. Nagaraja. (2018) 406 ITR 242 (Karn) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Commissioner (Appeals) — Merger- Development expenses –Commission- Orders passed by Assessing Officer was merged with order of CIT(A) – Revision order is held to be not valid

Mailakkattu Varghese Uthup (NO. 1) v. PCIT (2018) 406 ITR 289 / 304 CTR 1000/ 170 DTR 321 (Ker) (HC) Editorial: Order of single judge is affirmed; Mailakkattu Varghese Uthup (NO. 2) v. PCIT (2018) 406 ITR 296/304 CTR 1006 /170 DTR 326 (Ker) (HC)

S. 230 : Collection and recovery – Tax clearance certificate – liability of the assessee was more than Rs. 400 crores.- Insistence on a tax clearance certificate for the assessee to leave the country under the first proviso to sub-section (1A) of S.230 of the Act is valid .

Mailakkattu Varghese Uthup (NO. 1) v. PCIT (2018) 406 ITR 289/ 304 CTR 1000/ 172 DTR 321 (Ker) (HC) Editorial: Order of single judge is affirmed; Mailakkattu Varghese Uthup (NO. 2) v. PCIT (2018) 406 ITR 296 /304 CTR 1006 /170 DTR 326(Ker) (HC)

S. 179 : Private company – Liability of directors -Person treated as Director should be given opportunity to be heard.

Kumar’s Metallurgical Corporation Ltd. v. JCIT ( 2018) 406 ITR 386 (T&AP) (HC)

S.147: Reassessment — With in four years- Deduction allowed from Income from other sources in original assessment — No new facts on record — Reassessment to withdraw deduction is not valid .[ S. 56, 57(iii), 148]

Kanpur Texel (P.) LTD. v. DCIT (2018) 406 ITR 353 (All) (HC)

S.147: Reassessment-After the expiry of four years- Reasons recorded referring to facts already on file of Assessing Officer- —No rational and tangible nexus between reason and belief — Reassessment proceedings quashed.[ S.148 ]

Sairam Commercial Pvt. Ltd. v. UOI (2018) 406 ITR 281 (All) (HC)

S.147: Reassessment-After the expiry of four years- Shell companies-Search of third person revealing that transaction disclosed by Assessee during original assessment was bogus — Notice is held to be valid .[ S.148 ]

Seema Jain v. ACIT (2018) 406 ITR 411/ 257 Taxman 380/ 169 DTR 257 / 304 CTR 472(Delhi) (HC)

S.68:Cash credits — Authorities entitled to look into surrounding circumstances to find out reality — Unable to state exact purpose for which loan of Rs. 1 Crore taken and stating her husband looked after all finances —No personal or business relationship of assessee with that party — Transaction squared in next financial year would not establish genuineness of transaction — Addition is held to be justified ( Relied , CIT v .Durga Prasad More ( 1971) 82 ITR 540 (SC) / Sumati Dayal v.CIT ( 1995) 214 ITR 801 (SC) ) [ S.131 ]

PCIT v. Sarangpur Co-Operative Bank Ltd. (2018) 406 ITR 302 (Guj) (HC) Editorial: SLP is granted to revenue , PCIT v. Sarangpur Co-Operative Bank Ltd. (2018) 401 ITR 164 ( St)

S. 43D : Public financial institutions – Mercantile system of accounting — Co-Operative Bank — Interest on non-performing assets cannot be recognised on accrual basis — Assessee bound by Reserve Bank of India guidelines.[ S.145]