Month: May 2018

Archive for May, 2018


Land End Co -Operative Housing Society Ltd www.itat.nec.in Nutan Laxmi Co -Operative Housing Society Ltd v. ITO www.itat.nec.in Sea Grean Co -Operative Housing Society Ltd www.itat.nec .in Merwanjee Cama Park Co -op Housing Society Ltd v. ITO ( 2018) 62 ITR 770 www.itat.nec ITO v. Citiscape Co -operative Housing Society Ltd www.itatnec.in. Kaliandas Udyog Bhavan Premises Co -Op Society Ltd v. ITO www.itat nec.in Maratha Era Co-Operative Housing Society Ltd v ITO www.itat.nec in .

S.80P: Co-operative societies – Interest earned by a co-operative Society from deposits kept with co -operative bank is deductible .[S.80P(4) ]

Mavani & Sons v.ITO ( Mum) (Trib) ( 2018) BCAJ -May -P. 46 www.itat.necin

S.80IB(10): Housing projects- Completion certificate – Time limit prescribed for completion of project prescribed for completion of project and production of completion certificate have to be treated as applicable prospectively to projects approved on or after 1-4-2015 .

DCIT v. Ozoneland Agro Pvt Ltd (2018) 53 CCH 427/ 64 ITR 6 (SN)(Mum) (Trb) www.itatonline.org

S.56(2)(viiib): Income from other sources – Fair market value of shares sold – Choice of method of valuation is with the assessee- AO has no jurisdiction to insist that the assessee should only a particular method for determining the value of shares . Rule of constancy must be followed by the AO. [ R.11UA]

ACIT v.Usha B.Madan (Smt)( Mum) (Trib) www.iaat.nic Penelope AnnDos v. ITO ( Mum) (Trib)www.itat.nic Vilma Marry Pereira v. ITO ( Mum) (Trib) www.itat.nec.

S.54: Capital gains- Profit on sale of property used for residence- Garage is also part of the house and eligible for exemption [ S.45 ]

ITO v. Kavita Gupta ( Mum) ( Trib) www.itat.nic

S. 54 : Capital gains – Profit on sale of property used for residence-Purchase of four flats merged in to one residential house – Entitle to exemption. [ S.45 ]

Stewart Holl ( India) Ltd v.Dy.CIT ( 2018) 170 ITD 1 /193 TTJ 878/166 DTR 143 ( Kol) (Trib)

S.33AB: Tea development account – Amount withdrawn from NABARD deposit account accordance with tea development Scheme 2007 was not utilised the entire amount with in year in which withdrawal was made but utilised partly after the end of said year amount cannot be taxed by deeming fiction [ S.33AB(7), 139(1)]

Bharat tiles & Marble ( P) Ltd v.Dy.CIT ( 2018) 170 ITD 26 ( Mum)(Trib)

S.28(i): Business income -Income from house property -Manufacturing activities were closed and premises given on lease , rental income is held to be assessable as business income and remuneration paid to directors is held to be allowable deduction .[ S.22, 37(1)]

Lally Motors India (P) Ltd v.PCIT ( 2018) 170 ITD 370/ 93 taxmann.com 39 / 171 DTR 106 /195 TTJ 728/ 64 ITR 45 (SN)(Amritsar) ( Trib) www.itatonline.org

S. 14A : Disallowance of expenditure – Exempt income -Disallowance has to be made even if the assessee has not earned any tax free income on the investment- Revision was held to be valid [S.263 , R.8D ]

Shanghai Electric Group Co .Ltd v. Dy.CIT ( 2018) 170 ITD 34 /165 DTR 225 ( Delhi) (Trib)

S.9(1)(i): Income deemed to accrue or arise in India – Business connection -Profit earned from offshore supply of installation and commissioning activities of equipments relatable to operations carried out in India is held to be taxable since it had supervisory Permanent establishment in India – DTAA- India- China [ Art. 5 ]

Sanghai Industries Ltd v.ACIT ( Hyd ) (Trib) www.itat.nec.

S. 4 : Charge of income-tax -Capital or revenue-Book profit – Sales tax subsidy granted by the Government for purpose of setting up or expansion of Mills would be capital receipt- Amended provisions treating subsidy or grant as income u/s 2(24)(xvii) are prospective in nature and not applicable to assessment year prior to AY.2016-17) [ S.2(24)(xvii),28 (i),115JB ]