Year: 2018

Archive for 2018


AB Holdings, Mauritius-Ii, In Re. (2018) 402 ITR 37/ 163 DTR 225 (AAR)

S. 90: Double taxation avoidance agreement -Income – Non –resident -Capital gains, arising from sale of shares in Indian Company to group company in Singapore is not Liable to tax in India —DTAA-India –Mauritius [S. 195, Art. 13 ]

CIT v. Ekta Co-Op. Credit Society Ltd. (2018) 402 ITR 85/ 254 Taxman 33 (Guj) (HC)

S. 80P : Co-operative societies- Co –Operative Society is not a Credit Co-Operative Bank- Entitle deduction .[ S.80P(2)(a)(i) (4) ]

B. L. Passi v. CIT ( 2018) 404 ITR 19/ 165 DTR 143 / 302 CTR 81 (SC) , www.itatonline.org

S. 80-O: Royalties – Foreign enterprises -Technical assistance- Principal agent relationship -Information concerning industrial, commercial or scientific knowledge, experience or skill- Major information sent by the appellant to the Sumitomo Corporation was in the form of blue prints for the manufacture of dies for stamping of doors which is not entitle to deduction .

CIT v. Reliance Industries Ltd ( 2018) 161 DTR 420/( 2019) 410 ITR 468 ( Bom) (HC)

S. 80M : Inter corporate dividends -Only the actual expenses for earning dividend income ought to be taken and not on estimate basis .

CIT v. Aishwarya Health Care. (2018) 401 ITR 398 (Patna) (HC) CIT v .Gunjita Nir Prop. Aishwarya Health Care. (2018) 401 ITR 398 (Patna) (HC)

S. 80IC : Special category States – Undertaking job work by providing labour and factory space to manufacturers of medicines is entitle to deduction .

CIT v. Him Knit Feb. (2018) 400 ITR 76 (HP) (HC)

S. 80IB: Industrial undertakings – Employment of number of workers – Question of fact was examined by the Tribunal, finding of fact .

DCIT v. Vantage Advertising P. Ltd. (2018) 61 ITR 564 (Kolk) (Trib)

S.80IA:Industrial undertakings — Income from advertisements on foot over bridges and bus shelters is entitle to deduction .

Kanan Devan Hills Plantations Company P. Ltd. v. ACIT (2018) 400 ITR 43 / 300 CTR 172 (Ker) (HC)

S. 80IA :Industrial undertakings – Infrastructure development-
Ownership of undertaking is not Important — Successor in business can claim deduction-Suggestion to tax administration -Revenue to host on their web site a plain English version of the enactment [ 80IA)(4) ]

PCIT v. JWC Logistics Park Pvt. Ltd( 2018) 404 ITR 310 (Bom)(HC) , www.itatonline.org

S.80IA: Industrial undertaking – Infrastructure facility – – Container freight station ( CFS) is eligible deduction as an infrastructure facility – Strictures passed against Dept’s Advocate for “most unreasonable attitude” of seeking to reargue settled concluded issues and not following the judicial discipline and law of precedents .

Sarita Handa v. UOI (2018) 400 ITR 567 (Delhi) (HC) Sarita Handa v. UOI (2018) 400 ITR 567 (Delhi) (HC) Omsons Worldwide v. UOI (2018) 400 ITR 567 (Delhi) (HC)

S. 80HHC : Export business – Amendment with retrospective effect imposing conditions for exporters having turnover above Rs. 10 Crores , was held to be prospective in nature [ S. 28(i)]