Year: 2018

Archive for 2018


Dy.CIT v. Mcnally Bharat Engineering Co. Ltd. (2018) 191 TTJ 822 (Kol.)(Trib.)

S. 115JB :Book profits- Retention money cannot be treated as income for purpose of book profit though the amount is credited in the P& Loss account .[S.2(24) ]

Garuda Imaging & Diagnostics (P) Ltd. v. ACIT (2018) 191 TTJ 765 (Delhi)(Trib.) ACIT v. Sindhu Holding Ltd (2018) 191 TTJ 765 (Delhi)(Trib.)

S.68 : Cash credits : Share application money – No adverse material was found in the course of search proceedings, hence addition was held to be not justified [ S.153A ]

Eshan Minerals (P) Ltd. v. Dy. CIT (2018) 161 DTR 369 / 191 TTJ 753 (Pune)(Trib.)

S.68 : Cash credits – Shell companies – Share premium – AO has not investigated the financial activity of companies which have invested in shares hence the matter was remanded to the file of AO.

ACIT v. Shree Krishna Pharmacy (Mum) (Trib) (Unreported)

S. 48 : Capital gains – Computation -Tenancy rights – Value of tenancy rights to be considered for determination of cost of acquisition [ S. 45, 49,50C ]

Max New York Life Insurance Co. Ltd. v. Dy. CIT (2018) 191 TTJ 897/ 171 DTR 209 (Delhi)(Trib.)

S.44 : Insurance business – Insurance company is entitle o exemption u/s 10(34) , however S.14A cannot be invoked to disallow the expenditure . [ S.10(34), 14A ]

Max New York Life Insurance Co. Ltd. v. Dy.CIT (2018) 191 TTJ 897/ 171 DTR 209 (Delhi)(Trib.)

S. 44: Insurance business – While computing profit and gains from an insurance company enhancement made by revenue in respect of provision for doubtful debts in shareholders profit and loss account, is to be deleted.

Max New York Life Insurance Co. Ltd. v. Dy.CIT (2018) 191 TTJ 897 / 171 DTR 209(Delhi)(Trib.)

S.44 : Insurance business – Funds for Future Appropriation (FFA) represents provision of definite and ascertained liability, same cannot be considered as part of actuarial surplus being liable to tax

Max New York Life Insurance Co. Ltd. v. Dy.CIT (2018) 191 TTJ 897 / 171 DTR 209(Delhi)(Trib.)

S. 44 : Insurance business -Bonus declared for policy holders, it became a part of ascertained liability and, thus, same could not be treated as a part of actuarial surplus being liable to tax .

Max New York Life Insurance Co. Ltd. v. Dy.CIT (2018) 191 TTJ 897/ 171 DTR 209 (Delhi)(Trib.)

S. 44: Insurance business – The profit disclosed in the shareholder’s profit and loss account (Form A-PL) is the profit derived from life Insurance business for computing the insurance business income and also on the principle of consistency . [ S.115JB ]

Dy. CIT v. Mcnally Bharat Engineering Co. Ltd. (2018) 191 TTJ 822 (Kol)(Trib.)

S.43B: Deductions on actual payment- Payment of Leave encashment made before due date of filling of return of income is allowable as deduction .[ S.139(1) ]