Year: 2018

Archive for 2018


Agasthiya Granite P. Ltd. v. ACIT (2018) 403 ITR 279 (Mad) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue- Exclusion of the deduction allowed u/s 80IB while quantifying the deduction u/s 80HHC – Two views possible – Revision was held to be not valid . [ S.80HH ]

Sunflower Broking Pvt. Ltd. v. DCIT (2018) 403 ITR 305 (Guj) (HC)

S. 221 : Collection and recovery – Assessee deemed in default -Pendency of appeal before CIT(A) -Attachment of bank account and recovery of amount -Recovery of the amount was held to be without following the due process of law -Stay was granted and directed the revenue 85 percent of tax recovered [ S. 156 ]

CIT v. N. S. Software (FIRM) (2018) 403 ITR 259 / 165 DTR 201 / 302 CTR 136 / 255 Taxman 230(Delhi) (HC)

S. 153C : Assessment – Income of any other person – Search – No satisfaction was recorded sating that how seized material belonged to the assssee. In the absence of any incriminating material , notice was held to ne in valid [ S. 132 ]

CIT v. Tata Ceramics Ltd. (2018) 403 ITR 389/ 168 DTR 417 (Ker) (HC)

S.147: Reassessment-After the expiry of four years- Reassessment —Interest on deposits not disclosed in return — Details were available in the books of account or the balance-sheet or profit and loss account could not absolve the assessee from a true and correct disclosure of material facts necessary for assessment. Explanation 1 to S. 147 is applicable – Reassessment is valid [ S.148 ]

Arjun Malhotra v. CIT (2018) 403 ITR 354/ 166 DTR 235 / 255 Taxman 399/ 304 CTR 454 (Delhi) (HC)

S. 54F : Capital gains – Investment in a residential house – Assessee owning a house on date of transfer is not entitle to benefit under S.54F [ S.45]

Arjun Malhotra v. CIT (2018) 403 ITR 354/166 DTR 235/ 255 Taxman 399/ 304 CTR 454 (Delhi) (HC)

S. 48 : Capital gains – Computation -Difference between market value and consideration declared, burden is on the revenue to prove -Addition was deleted [S. 45,52(1) ]

Arjun Malhotra v. CIT (2018) 403 ITR 354/166 DTR 235/ 255 Taxman 399/ 304 CTR 454 (Delhi) (HC)

S.45:Capital gains — Shares purchased was pledged with bank – Actual date of transfer is when shares were delivered by bank to entity in subsequent assessment year. [ S.48 ]

CIT v. Allen Career Institute. (2018) 403 ITR 375 / 161 DTR 321 (Raj) (HC)

S. 40(b)(v) : Amounts not deductible – Partner – Remuneration – Interest earned on investment of surplus money is not part of business income for computing the remuneration to partners – Disallowance was held to be justified .[ S.56 ]

CIT v. Shri Balaji Samaj Vikas Samiti. (2018) 403 ITR 398/164 DTR 56 (All) (HC)

S. 12AA : Procedure for registration –Trust or institution- Providing mid-day meals at Village Schools is charitable purpose which is entitle to registration . [ S.2(15) ]

CIT v. Haryana State Pollution Control Board. (2018) 403 ITR 337 (P&H) (HC)

S. 10 (23C): Exemption- Approval granted is held to be valid till it is withdrawn -Amount spent on the object was held to be allowable .[ S. 10(23C)(iv) ]