Month: December 2018

Archive for December, 2018


Shiv Sahai & Sons (I) Ltd. v. Dy.CIT (2018) 66 ITR 409 (Chennai)(Trib.) Naresh Prasad Agarwal v. Dy.CIT (2018) 66 ITR 409 (Chennai)(Trib.)

S. 145 : Method of accounting – Suppression of Sales – In absence of anything on record to show that claim of the Assessee that he was following London Bullion Market (LBM) for fixing rate for sale of bullion, it cannot be concluded that Assessee was suppressing sales.

Dy.CIT v. Rohit Kumar (2018) 66 ITR 666 (Chd.)(Trib.)

S. 56 : Income from other sources – No addition should be made where satisfactory explanation with necessary evidences is provided in case of sums received from relatives. [S.56 (2)(v)]

Dy.CIT v. Saifee Jubiee High School and Madressa Yusufiyan Society (2018) 63 ITR 89 (SN) (Ahd)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation –Charitable Trust- Price approved by Charity Commissioner has to be followed, where the Assessee is a public charitable trust. [S. 45]

DCIT v. Rajasthan Rajya Vidyut Utpadan Nigam Ltd.(2018) 63 ITR685 / 52 CCH 520 (Jaipur)(Trib.)

S. 43B : Certain deductions only on actual payment – Contributions to provident fund and employees’ state insurance – Contribution deposited beyond prescribed time limit provided in respective Acts but before due date of filing return under income tax Act is allowable.

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

S. 37(1) : Business expenditure -Corporate entity – even if no business was carried out during the year, expenditure incurred by it has to be allowed.

DCIT v. Rajendra Bansilal Raisoni (2018) 66 ITR 655 / 53 CCH 606(Pune)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital – AO cannot step into the shoes of the businessmen – Interest is allowable on borrowed funds used for the purpose of business.

DCIT v SB Packaging Ltd. (2018) 63 ITR 569 / 52 CCH 511 (Delhi)(Trib.)

S. 32 : Depreciation – Injection moulding machine falls under the category of ‘Moulds’ and therefore shall qualify for higher rate of depreciation.

DCIT v. Rasna Pvt Ltd (2018) 66 ITR 577 /53 CCH 0585 (Ahd.)(Trib.)

S. 32 : Depreciation – Depreciation is allowable non-compete territory rights – Department’s action of not filing an appeal against the CIT(A) favourable order in earlier year gives finality to the dispute.

Siddhesh Capital Market Service v DCIT (2018) 52 CCH 003 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure – Exempt income – No automatic disallowance can be made[ R.8D].

Dy.CIT v. Rasna Pvt Ltd. ( No 2) (2018) 66 ITR 689 (Ahd.)(Trib.)

S. 14A : Disallowance of expenditure – Exempt income -Disallowance has to be made where the assessee cannot furnish any evidence to prove that the investments were made in earlier years.[ R. 8D]