Year: 2018

Archive for 2018


CIT v. Mumbai Metropolitan Regional Development Authority. (2018) 408 ITR 111 /258 Taxman 164/ 304 CTR 776/ 170 DTR 97 (Bom) (HC) Editorial: SLP of revenue is dismissed CIT (TDS) v. Mumbai Metropolitan Regional Development Authority ( 2019) 263 taxman 365 ( SC)

S. 194L : Deduction at source – Compensation on acquisition of capital asset -Compulsory acquisition of land for projects and paying sums to illegal squatters for their rehabilitation is not a case of compulsory acquisition from owners of land- Not liable to deduct tax at source .[ S.194LA, 201, 201A ]

CIT v. Mumbai Metropolitan Regional Development Authority. (2018) 408 ITR 111 / 258 Taxman 164/ 304 CTR 776/ 170 DTR 97(Bom) (HC)Editorial: SLP of revenue is dsmssed due to low tax effect , CIT v. Mumbai Metropolitan Regional Development Authority ( 2019) 262 Taxman 451 (SC)

S. 194C : Deduction at source – Contractors -Payment towards annual maintenance contracts for lifts and air conditioners is not technical services -Deduction of tax as contractor is justified payment cannot be treated as fees for technical services . [ S.194J , 260A ]

CIT v. Soudha Gafoor (Smt) ( 2017) 298 CTR 381/(2018) 408 ITR 246 (Ker) (HC)

S. 158BD : Block assessment – Undisclosed income of any other person -Recording of satisfaction is not required where AO is the same .[ S.132 ]

Meteor Satellite Pvt. Ltd v. ITO (2018) 408 ITR 99 (Guj) (HC)

S. 154 : Rectification of mistake – As long as the order of the Tribunal stood, the assessment order was required to be implemented-After giving effect to the order of the Tribunal -Notice issued for rectification of mistake on the ground of deduction was wrongly allowed is held to be bad in law .[ S. 54EC,115JB, 254(1) ]

CIT v. Dharampal Premchand Ltd. (2018) 408 ITR 170 (Delhi) (HC) Editorial: SLP is granted to the revenue , CIT v. Dharampal Premchand Ltd ( 2018) 405 ITR 27 (St)

S. 153A : Assessment – Search and seizure-No incriminating material was found- Rejection of claim u/s 80IB, 80IC is held to be not justified [ S.80IB, 80IC, 132 ]

Mumtaz Haji Mohmad Memon. v. ITO (2018) 408 ITR 268 (Guj) (HC) www.itatonline.org

S.147: Reassessment- Reason recorded was return was not filed -Affidavit in reply stated that possibility of application of S.50C- Incorrect reason- Notice is held to be bad in law .[ S. 50C, 139,148 ]

MBI Kits International v. ITO (2018) 408 ITR 1/ 172 DTR 89 / ( 2019) 306 CTR 125(Mad) (HC)

S.147: Reassessment-After the expiry of four years- Export oriented undertaking —Mentioning of wrong year of commencement of manufacture in Form 56G, when other materials furnished indicated correct year of commencement of manufacture is not a case of failure to disclose material facts — The proviso to S. 147 cannot be invoked on the Assessing Officer’s omission or mistake- Reassessment notice is held to be not valid – Notice is not barred by limitation .[ S.10B,148 ]

Hitech Outsourcing Services. v. PCIT (2018) 408 ITR 129 (Guj) (HC) Editorial: SLP of revenue is dismissed ,CIT v. Hitech Outsourcing Services ( 2018) 406 ITR 38 ( St)

S.147: Reassessment-After the expiry of four years- No failure to disclose material facts-Deduction was allowed after scrutiny -Reassessment is held to be bad in law – Revision application of of the assessee was allowed .[ S.10B, 143(3),148, 264 ]

Rich Udyog Network Ltd. DIT (2018) 408 ITR 68/( 2019) 173 DTR 269 / 306 CTR 519 (All) (HC)

S.132:Search and seizure – Survey converted in to Search- Seizure of unaccounted cash – Assessment pending- Writ to refund the amount of cash seized with interest was dismissed- On same set of facts second writ petition is not maintainable on the principle of Res Judicata. [ 132A, 1331, 153A, art. 226 ]

CIT v. Lok Prakashan Ltd. (2018) 408 ITR 188/ ( 2019) 174 DTR 344/307 CTR 181 (Guj) (HC)

S. 80I : Industrial undertakings – Two units- No separate books of account- Division of income between the two units in proportion of their internal publication and circulation of the Ahmedabad edition is held to be proper .