Month: May 2018

Archive for May, 2018


CIT v. MGF India Ltd. (2018) 254 Taxman 362/ 171 DTR 434/ 308 CTR 186 (Delhi) (HC)/CIT v. Motor & General Finance Ltd (2018) 254 Taxman 362 / 171 DTR 434/ 308 CTR 186 (Delhi) (HC)

S. 115JB : Book profit – lease equalization charges can be deducted while computing book profit – Provisions for non-performing assets are liable to be adjusted while computing book profit

PCIT v. NHPC Ltd. (2018) 408 ITR 237/ 254 Taxman 438/ 167 DTR 44/ 304 CTR 612/ ( 2019) 415 ITR 321 (P&H)(HC)

S. 115JB : Book profit –Provision towards electricity tariff cannot be added to book profit as it is not a contingent liability .

PCIT v. International Metro Civil Contractors (2018) 408 ITR 136/254 Taxman 426/ 164 DTR 310 / 304 CTR 682 (Bom.)(HC)

S. 92C : Transfer pricing – Arms’ length price – There was no justification for enhancement of ALP by disallowing allocation of overhead office expenses.

Tooltech Global Engineering (P.) Ltd. v. ACIT (2018) 254 Taxman 241 (Bom.)(HC)

S. 92B : Transfer pricing – International transaction- Interest income on loans and advances- Assessee not disputed that transaction is international transaction however disputed only on notional addition on the ground that only real income be taxed .[ S.92C ]

PCIT v. Swastik Construction (2018) 254 Taxman 163 (Guj.)(HC)

S. 68 : Cash credits – Sub -contract- Outstanding credits payable to sub contractors where tax was deducted at source could not be added treating same as unexplained cash credit -If addition is up held it will lead to very ubnormal to a govt contractor .

Jaya Aggarwal v. ITO (2018) 254 Taxman 398 / 165 DTR 97/ 302 CTR 241 (Delhi)(HC)

S. 68 : Cash credits – Cash withdrawn from Bank was redeposited after seven months , addition cannot be made as cash credits .

Konark Structural Engineering (P.) Ltd. v. Dy. CIT (2018) 254 Taxman 184 (Bom.)(HC)Editorial: SLP of assessee is dismissed, Konark Structural Engineering (P. ) Ltd. v. Dy. CIT (2018) 257 Taxman 262 (SC)

S. 68 : Cash credits – Share capital- Builder and developer- Failed to prove identity and creditworthiness of shareholders- Summons served were retuned back with remark the addressees were not available – Addition was held to be justified .[ S.131 ]

PCIT v. Prakash Krishnalal Bhagwati (2018) 254 Taxman 132 (Guj.)(HC)

S. 48 : Capital gains –Indexed cost- Since property was acquired by father of assessee in year 1945, indexed cost of acquisition was required to be computed by considering cost of acquisition for year beginning on 1-4-1981 [ S.45, 49(1)(iii) ]

CIT v. Surjeet Kaur (2018) 254 Taxman 214/ 166 DTR 350 /( 2019) 308 CTR 847(Cal.)(HC)

S. 45: Capital gains- Business – Income earned on sale of floor of building was held to be assessable as capital gains and not as business income -The assessee was not a property dealer but a member of the Indian revenue Service, working with the department itself. Only a portion of the property was sold. Profit on sale of land is held to be assessable as capital gains [ S. 2(13 )]

India Cements Capital & Finance Ltd. v. ACIT (2018) 254 Taxman 180 (Mad.)(HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Assets and liabilities were transferred to special purpose vehicle -Tribunal failed to give independent finding , accordingly the matter was remanded to Tribunal