Month: September 2018

Archive for September, 2018


Kuthuparamba Range Kalluchethu Vyavasaya Thozhilali Sahakarana Sangham Ltd. v. CIT (2018) 257 Taxman 151 (Ker) (HC)

S. 80P : Co-operative societies -Agricultural enterprise – Tapping of toddy and vending it through licenced shops, eligible to claim deduction, however deduction cannot be claimed without filing a return by co-operative society .[ S. 80A (5), 80P(2)(iii) ]

Chambal Fertilizers & Chemicals Ltd v. CIT (2018) 95 taxmann.com 313 ( Raj) (HC)

S. 80IA :Industrial undertakings -Expenses provision written back will not form a part of income since it was written off deposit which was kept in separate account and is not an income eligible .

Chambal Fertilizers & Chemicals Ltd v. CIT (2018) 95 taxmann.com 313 ( Raj) (HC) Editorial: SLP of revenue is dismissed ,CIT v. Chambal Fertilizers & Chemicals Ltd. (2018) 257 Taxman 93 (SC)

S. 80IA :Industrial undertakings – Derived – Interest- compensation- miscellaneous income- Interest earned on short term deposits – Entitle deduction in respect of interest on deposits, compensation received on machinery breakdown and miscellaneous income-Interest earned on short-term deposits of money kept apart for purpose of business has to be treated as income earned on business and cannot be treated as income from other sources and is deduction [ S.28((i), 56 ]

Chambal Fertilizers & Chemicals Ltd v. CIT (2018) 95 taxmann.com 313 ( Raj) (HC) Editorial: SLP of revenue is dismissed ,CIT v. Chambal Fertilizers & Chemicals Ltd. (2018) 257 Taxman 93 (SC)

S. 80HHC : Export business – Profits and gains of business or profession- Rent -Interest – Ninety per cent of such quantum of receipt of rent or interest will not be deducted under clause (a) of Explanation (baa) to section 80HHC . [ S.28 , 30 to 44AD ]

CIT v. Madona Commercial (P.) Ltd. (2018) 257 Taxman 116 (Bom)(HC)

S. 73 : Losses in speculation business Gross total income of assessee company mainly consisted of income from other source’, and, consequently, loss incurred by assessee in share transaction could not be said to be a speculative loss [ S.56 ]

CIT v. Jalan Hard Coke Ltd. (2018) 95 taxmann.com 330 ( Raj) (HC) Editorial: SLP of revenue is dismissed ;CIT v. Jalan Hard Coke Ltd. (2018) 257 Taxman 91 (SC)

S. 68 : Cash credits – Share application-In ability to produce share application- Addition cannot be made as cash credits .

Dharmakumar C. Kapadia v. ACIT (2018) 257 Taxman 239 (Bom)(HC) Editorial: Order in Dharmakumar C. Kapadia v. ACIT ( 2016) 65 taxmann.com 61 ( Mum) (Trib) is affirmed

S. 55 : Capital gains – Cost of improvement – Cost of acquisition -Tenancy rights- Acquired tenancy rights by inheritance i.e. from his father before 1-4-1981, in view of provisions of section 49(1)(iii), benefit of indexation of cost of acquisition could not be granted while computing capital gain arising from sale of said rights- Cost to be taken as nil, as the assessee has not paid any purchase price for acquisition of the same . [ S. 48 ,49(1)(iii), 55 (2)(b), 55(3) ]

CIT v. Ambo Agro Products (P.) Ltd. (2018) 257 Taxman 156 (Cal)( HC) Editorial: Order in CIT v. Ambo Agro Products (P.) Ltd ( 2014) 165 TTJ 620 ( Kol.) (Trib ) is affirmed .

S. 43(5) : Speculative transaction -Damages – Not honouring the commitment to take delivery consequent upon price of palm oil declining- Damages paid cannot be disallowed as speculative loss -Allowable as business loss .[ S.28(i) ]

PCIT v. Babul Products (P.) Ltd. (2018) 257 Taxman 100 (Guj.)(HC) Editorial :Order in Babul Products (P.) Ltd v. ACIT ( 2017) 167 ITD 402 ( Ahd) (Trib) is affirmed .

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Liability is not written of in books of account – Addition cannot be made as cessation of liability .

PCIT v. Keshvalal Mangaldas (2018) 257 Taxman 133 (Guj)( HC)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits -Payments to farmers is covered by exception- No disallowance can be made .[ R.6DD ( e) (i)]