Month: October 2019

Archive for October, 2019


India Convention and Culture Centre Pvt. Ltd. v. ITO ( 2019) 75 ITR 538(Delhi)(Trib), www.itatonline.org

S. 56 : Income from other sources – Valuation of shares- substantiation of the fair market value on the basis of the valuation done by the assessee simply cannot be rejected where the assessee has demonstrated with evidence that the fair market value of the asset is much more than the value shown in the balance sheet. [ S.56(2) (viib) , R.11UA ]

PCIT v. Colour Roof (India) Ltd.(Bom)(HC),www.itatonline.org

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Waiver of loan- Cannot be assessed as cessation of liability or as business income .[ S.28(iv) ]

PCIT v. Pat Commodity Service Pvt. Ltd. (Bom)(HC), www.itatonline.org

S.28(i): Business income- Client code modification-(CCM )- Shifting of profits- Addition as income on the basis of alleged doubtful transaction is held to be not valid – Deletion of addition b the Tribunal is affirmed . [ S.69, 143(3) ]

CST v. Crescendo Associates ( Bom) (HC) www.itatonline.org CST v. Shri Krishna Chaitanya Enterprises ( Bom)(HC) www.itatonline.org CST v. Green Valley Developers( Bom) (HC) www.itatonline.org , CST v Kumar Rathi ( Bom) (HC) www.itatonline.org

Goods and service tax. Finance Act 1994

S. 65: Builder- Collection of non refundable deposits – Not liable to collect service tax .

Oracle Financial Services Software Ltd. v. DCIT (Bom)(HC), www.itatonline.org

S. 220 : Collection and recovery – Assessee deemed in default –Pendency of appeal before CIT(A)- Stay of demand – The power of the AO to review the situation every six months, would not authorize him to lift the stay previously granted after full consideration and insist on full payment of tax without the assessee being responsible for delay in disposal of the appeal or any other such similar material change in circumstances.[ S.220(6) , 254(2A) ]

Narag Access Pvt. Ltd. v. DCIT (Mum)(Trib), www.itatonline.org

S. 56 : Income from other sources – The assessee has the option to determine the fair market value of shares either under the Discounted cash Flow ( DCF) method or the Net Asset Valuation ( NAV) method. [56(2)(viib ), R. 11UA ]

Perfect Thread Mills Ltd. v. DCIT ( 2019) 183 DTR 25 / 202 TTJ 1/ (2020) 77 ITR 603/ 181 ITD 1( TM )(Mum)(Trib) www.itatonline.org

S. 48: Capital gains- Loan liability of mortgaged property – Doctrine of over-riding title- Not deductible from sale consideration while computing the capital gains .[ S. 4,45, 47(xii), 48(1), SAFAESI ACT ,2002 , S.13 ]

Rajesh Tiwari , Advocate v Alok Pandey , Chief Judicial Magistrate ( 2019) 6 SCC 465

Contempt of Courts Act , 1971.

S.2(a):Contempt of court – Advocate -Held to be proper -Judicial independence and courage to be shown while delivering the justice . [S. 12]

State of Orissa v Dhirendra Sundar Das (2019) 6 SCC 270/( 2019) AIR SC 2331

Interpretation of taxing statutes – Dismissal of SLP in limine- Dismissal of SLP at threshold without indicating any reasons , does not constitute any declaration of law or binding precedent under Art. 141 of the Constitution of India [ Art. 141]

Directorate of Elementary Education v. Pramod Kumar Sahoo. (SC), www.itatonline.org

Interpretation – Allied law

No estoppel against law- Concession in law which is contrary to the statutory rules is not binding on the litigant.