Year: 2018

Archive for 2018


CIT ( E ) v. Tara Educational & Charitable Trust ( Bom) (HC)

S. 12AA : Procedure for registration –Trust or institution-Registration cannot be refused on the ground that the Trust deed does not contain dissolution clause .[ S.12A]

PCIT v. Spicer India Ltd ( Bom) (HC)

S. 43A : Rate of exchange – Foreign currency – Foreign exchange fluctuation on loan liability on fixed asset being notional and no actual payment was made would not require any adjustment in the cost of the fixed assets on accrual basis , as the S.43A is amended w.e.f 1 st April , 2003 . [ S.37(1) ]

Neha Saraf v. ITO ( Mum) (Trib)

S. 17(2) : Perquisite -Interest free loan is taxable as perquisites in the hands of employee as per Rule 3 of the IT Rules [S.17(2) (viii) R.3(7)(i) ]

Jaya Balajee Real Media Pvt. Ltd. v. CIT (2018) 404 ITR 124 / 167 DTR 465/ 303 CTR 489 (T&AP) (HC)

Pradhan Mantri Garib Kalyan Yojana Scheme, 2016

S.199C Declaration under Pradhan Mantri Garib Kalyan Yojana Scheme after search and seizure – Retention was held to be valid -Court directed to release of small part of seized amount .[ S. 132, 132B ]

J. Srinivasan v. ACIT (2018) 404 ITR 51 / 303 CTR 827/ 168 DTR 331(Mad) (HC)

S. 275 : Penalty – Bar of limitation – Concealment – Notices issued after period of limitation as per first limb of S.275(1)(a) hence barred by limitation [ S. 271(1)(c),275 (1)(a) ]

Gurpal Singh Brar v. ITO (2018) 404 ITR 58 (P&H) (HC)

S. 260A : Appeal – High Court -Limitation-Delay of 326 days -No reasonable cause -Delay was not condoned .[ Limitation Act, 1963,S.5 ]

CIT v. C. S. Seshadri. (2018) 404 ITR 191 (Mad) (HC)

S. 254(1) : Appellate Tribunal- Powers- Commission-Order of remand was held to be valid [ S.37(1) ]

Manjula Athur. v. ITO (2018) 404 ITR 177 / 165 DTR 314 (Mad) (HC)

S.147: Reassessment —Duty of the Assessing Officer to furnish the reasons recorded to the assessee and proper procedure to be followed -Matter was set a side . [ S.148 ]

Aradhna Estate Pvt. Ltd. v. DCIT (2018) 404 ITR 105/ 165 DTR 72/ 304 CTR 531 (Guj) (HC)

S.147: Reassessment-After the expiry of four years- Cash credits – Share application money -Shell companies Bogus accommodation entries – Report from investigation wing having live link with formation of belief – Proviso added by the Finance Act, 2012 with effect from April 1, 2013 did not change the position- Reassessment was held to be valid . [ S. 68, 143(3),148 ]

Shri Ram Kutir Khandsari Udyog P. Ltd. v. CIT (2018) 404 ITR 185 (All) (HC)

S.145: Method of accounting -Valuation of stock —Tribunal taking only market rate one day later for determining valuation of stock-in-trade is held to be not consistent with law — Tribunal was directed to reconsider valuation of closing stock on the basis of principles established by law.