Year: 2018

Archive for 2018


Hubli Electricity Supply Co. v. DCIT (2018) 404 ITR 462/ 170 DTR 332 / (2020) 314 CTR 650 (Karn) (HC)

S. 80IA :Industrial undertakings – Distribution of electricity- Penalty Recovered from suppliers for delay in execution of contracts, unclaimed balances of contractors, rebate from power generators, interest on fixed deposits for opening letter of credit to power grid Corporation is includible in profits- Miscellaneous recovery from employees, difference between written down value and book value of released assets, commission for collection of electricity duty, rental income is not part of profits.

PCIT v. Lakshminarayana Mining Company. (2018) 404 ITR 522/ 166 DTR 429/ 303 CTR 417 (Karn) (HC)

S. 10B: Export oriented undertakings – Processing done outside specified area-Mere location of the plant outside the export oriented unit and customs bonded area is not a disqualification to claim deduction – Entitle to exemption .

Mani K. Thomas v. CGT (2018) 404 ITR 257 (Ker) (HC)

Gift -tax Act, 1958

S.4:Gifts to include certain transfers — Firm — Induction of new partners to develop the business of the firm —Reallocation of shares will not amount to gift hence not liable to gift tax . [ S. 4(1)(a),26(6)]

CIT v. Metro And Metro. (2018) 404 ITR 304 (All) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –
The AO had examined entire records and there was nothing erroneous in his order, therefore revision order of commissioner was not valid.

Vedanta Ltd. v. ITAT (2018) 404 ITR 214/ 169 DTR 441/ 305 CTR 220 (Guj) (HC)

S. 254(1) : Appellate Tribunal- Powers- When the Supreme Court stayed the appeals before High Court on issue raised before Tribunal, the Tribunal is justified in not hearing the appeal . [ S.80IB(9)]

Madhurapuri Chits And Finance Co. Pvt. Ltd. v. DCIT (2018) 404 ITR 222 (Ker) (HC)

S. 158BC : Block assessment – Estimation of undisclosed income was held to be justified — Expenses during Block Period could not be set off against undisclosed income

CIT v. SNG Developers Ltd. (2018) 404 ITR 312 (Delhi) (HC)

S.147: Reassessment — Accommodation entries -Non application of mind -Merely on the basis of DIT(Inv.) without verification , reassessment is held to be bad in law [ S.148 ]

CIT v. Staunch Marketing Pvt. Ltd. (2018) 404 ITR 299 (Delhi) (HC)

S. 143(2) : Assessment – Notice – One return is filed pursuant to notice issued u/s 148 , issue of notice u/s 143(2) is mandatory .[ S. 139,144, 148 ]

CIT v. Rambal P. Ltd. (2018) 404 ITR 307 (Mad) (HC)

S. 80HHC : Export business -Income from job working of machining -Income to be considered as business income.

Ravi Mallick, prop. of Sunkraft designs v. DCIT (2018) 404 ITR 250 (P&H) (HC)

S. 68:Cash credits — Source of cash deposit was not explained satisfactorily-Addition was held to be justified .