Month: December 2018

Archive for December, 2018


PCIT v. Lark Chemicals ( P) Ltd ( 2018) 99 taxmann.com 311/259 Taxman 366 (Bom) (HC) Editorial: SLP of revenue is dismissed , PCIT v. Lark Chemicals ( P) Ltd ( 2018)259 Taxman 265 ( SC)

S. 147 : Reassessment –Order passed consequent to reassessment had not confirmed the addition attributable to the reasonable belief of the Assessing Officer, while passing the reassessment order – Reassessment is held to be bad in law.[ S.148 ]

PCIT v. Century Textiles & Industries Ltd ( 2018)167 DTR 105 / 99 Taxmann.com 205/ 259 Taxman 361 ( 2019) 412 ITR 228 (Bom) (HC) Editorial: SLP of revenue is dismissed, PCIT v. Century Textiles & Industries Ltd ( 2018) 408 ITR 59 (St)/ 259 Taxman 360 ( SC)

S. 147 : Reassessment – Change of opinion- Income from other sources -AO has consciously considered the claim for deduction u/s 80IC in the regular assessment proceedings – Accordingly reassessment is held to be not valid .[ S.80IC, 148 ]

QX KPO Services ( P) Ltd v. Dy. CIT ( 2018) 94 taxmann.com 467/ 2019) 414 ITR 429 ( Guj) (HC) Editorial: SLP of revenue is dismissed ,Dy.CIT v. QX KPO Services ( P) Ltd ( 2018) 259 Taxman 31/ 408 ITR 73 (St) (SC)

S. 147 : Reassessment – Export oriented undertakings – Where in the course of original assessment proceedings the Assessing Officer has raised several queries and allowed the claim-Reassessment cannot be made to examine another facet of said claim.[ S.10B, 148 ]

CIT v. Rama Educational Society ( 2018) 99 taxmann.com 281/ 259 Taxman 369 ( All) (HC) Editorial: SLP is granted to the revenue , CIT v. Rama Educational Society ( 2018) 259 Taxman 368 (SC)

S. 12AA : Procedure for registration –Trust or institution- In the absence of any cogent material or evidence to establish any violation of provisions of S. 12AA(3),cancellation of registration retrospectively is held to be not justified [ S.11, 12AA(3) ]

CIT v. Om Metals Infraprojects Ltd ( 2018) 99 taxmann.com 228 / 259 Taxman 355 ( Raj) (HC) Editorial: SLP of revenue is dismissed , CIT v. Om Metals Infraprojects Ltd ( 2018) 259 Taxman 354 (SC)

S. 4 : Charge of income-tax -Capital-Revenue- Amount received by assessee from assigning its business rights is held to be capital receipts . Amount is also not to be included in computing book profits . [ S.155JB, 263 ]

CIT v. Nirmal Kumar Agarwal ( 2018) 99 taxmann.com 291/ 259 Taxman 320 ( Raj) (HC) Editorial: SLP is granted to revenue , CIT v. Nirmal Kumar Agarwal ( 2018) 259 Taxman 320 (SC)

S. 69 :Unexplained investments -Investment in immovable property- Merely on the basis of statement u/s 132(4) during the course search proceedings additions cannot be made- Order of Tribunal deleting the addition is affirmed . [ S.132(4) ]

CIT v. Jagdishprasad Mohanlal Joshi ( 2018) 99 taxmann.com 287 / 259 Taxman 343( Bom) (HC) Editorial: SLP of revenue is dismissed , CIT v. Jagdishprasad Mohanlal Joshi ( 2018) 259 Taxman 342 (SC)

S. 69A : Unexplained money – Income from undisclosed sources – Merely on the basis of confessional statement made by third party under Maharashtra Central organised Crime Act, 1999(MOCA) stating that certain payment was made to the assessee ,without any corroborative evidence , deletion of addition held to be justified .[ S.132, Maharashtra Central organised Crime Act, 1999 S.18 ]

CIT v. Gillette India Ltd ( 2018) 99 Taxman .com 230 / 259 Taxman 353 ( Raj) (HC) Editorial: SLP of revenue is dismissed, CIT v. Gillette India Ltd ( 2018) 259 Taxman 352 (SC)

S. 271G : Penalty – Documents – International transaction – Transfer pricing – A specific finding should be recorded on date by which assessee was required to furnish documents and whether said documents were furnished with in specified date – Deletion of penalty is held to be justified [ S.274 ]

Asia Investments P.Ltd v. ACIT (2018) 167 DTR 59 / 63 ITR 535 / 193 TTJ 214 (Mum.)(Trib.)

S. 271(1)(c) : Penalty—Concealment-No order of imposing or enhancing or reducing or cancelling penalty or dropping proceedings for imposition of penalty shall be passed unless assessee is heard or has been given a reasonable opportunity of being heard and after expiry of six months from end of year of which order of appellate authority has been received by Commissioner. [S. 275 (IA)]

A.R.R. Charitable Trust v. ACIT (2018) 66 ITR 69 (Chennai)(Trib.)

S. 234E : Fee-Default in furnishing the statements- No enabling provision to impose fees for late filing of return or statement of TDS prior to 1st June, 2015–AO had no jurisdiction to levy fees under section 234E if intimation issued prior 1st June, 2015. [S. 200A]