Month: May 2018

Archive for May, 2018


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

S.40(a)(ia):Amounts not deductible – Deduction at source –Caual workers-Labour payment to one or two persons on site for disbursing same among labourers- In absence of any contract to carry out any work with a specified person there is no liability to deduct tax at source . [ S.194C ]

LIC Employees Co-operative Bank Ltd. v. ACIT (2018) 254 Taxman 119 (Mad.)(HC)

S.40(a)(ia):Amounts not deductible – Deduction at source – A co-operative society formed for the welfare of the employee of the life insurance corporation and all members of assessee is not liable to deduct tax at source- Decision of jurisdictional High Court is binding on the AO [ S. 194A ]

ALD Automotive (P.) Ltd. v. Dy. CIT (2018) 254 Taxman 233 (Bom.)(HC)

S. 37(1) : Business expenditure – Expenses incurred prior to setting up of business is held to be not allowable as business loss [ S.28(i) ]

CIT v. Hind Nihon Proteins (P.) Ltd. (2018) 404 ITR 193 /254 Taxman 210 (Delhi)(HC)

S. 37(1) : Business expenditure –Commission paid to related directors of the assessee company is held to be allowable as business expenditure.

PCIT v. SRBS Entertainment (2018) 254 Taxman 193 (P&H)(HC)

S. 37(1) : Business expenditure -Lease rent paid for shed taken on lease was held to be allowable as business expenditure considering the business expediency .

CIT (E) v. Bhatia General Hospital (2018) 405 ITR 24 / 254 Taxman 285 (Bom.)(HC)

S. 32 : Depreciation – Hospital equipments – Since assessee could neither sell said hospital equipments as scrap nor it could use them and same were also written off in its books of account, written down value of hospital equipments was to be allowed as depreciation [ S.32(1)(iii) ]

Rakesh Kumar Gupta v. CIT (2018) 254 Taxman 394 (Delhi)(HC)

S. 28(i) : Business income – Capital gains- Buying and selling of shares frequently and volume and magnitude being very high assessable as business income and not as capital gains [ S.45 ]

PCIT v. Linde India Ltd. (2018) 254 Taxman 204/ 302 CTR 262 (Cal.)(HC)

S. 28(i) : Business loss -Advance written off- Matter was remanded back to Assessing Officer for deciding as to whether there was actual irrecoverability of advances which assessee chose to write off in its account and claimed write off amount as business loss

CIT v. Shri Balaji Samaj Vikas Samiti (2018) 254 Taxman 93/ 302 CTR 397 (All.)(HC)

S. 12AA : Procedure for registration –Trust or institution- Society engaged in preparing and supplying mid-day-meals to students at primary schools in various villages, against a contract awarded by State Government is a charitable purpose and entitle to registration .[ S.2(15 ]

Indian Machine Tools & Manufacturers Association v. DIT(E) (2018) 254 Taxman 243/ 165 DTR 1 / 302 CTR 289 (Bom.)(HC)

S. 11 : Property held for charitable purposes – Surplus earned from organizing exhibition- As separate books of account is not maintained denial of exemption was held to be justified .[ S.11(4A) ]