Year: 2018

Archive for 2018


Devinder Kumar. v. ITO (2018) 172 ITD 103 (Delhi) (Trib.)

S.68: Cash credits- Sale of furniture -Cost was very less- Amount shown more for sale of furniture to evade stamp duty- Parties admitted that exchange of some furniture was involved but cost involved was much lesser than amount shown by assessee – Excess amount shown on sale of furniture is held to be assessable as cash credits .[ S. 2(14)(ii),45 , 54, 131 ]

Manilal Dasbhai Makwana v. ITO (2018) 172 ITD 1 (Ahd) (Trib.)

S. 54B : Capital gains – Land used for agricultural purposes – Capital gain utilized towards purchase of new asset before furnishing of return of income belatedly under section 139(4) would be entitle to deduction . [ S. 45, 139(4) ]

Bank of India Retired Employees Medical Assistance Trust v. ITO (2018) 172 ITD 78 / 172 DTR 140/ 196 TTJ 706 (Mum) (Trib.)

S. 57 : Income from other sources – Deductions – Interest from fixed deposits – D-mat charges, legal expenses and medical relief expenses – Not allowable as deduction as the expenditure is not incurred for earing interest from fixed deposit .[ S.56 , 57(iii)]

ITO v. Nita Narendra Mulani. (Smt.) (2018) 172 ITD 169 (Mum) (Trib.)

S. 48 : Capital gains – Computation – Indexation -Asset acquired under a gift, indexed cost of acquisition of such capital asset has to be computed with reference to year in which previous owner first held asset. [ S.45 ]

ACIT v. Apurva Mahesh Shah. (2018) 172 ITD 127 (Mum) (Trib.)

S. 48 : Capital gains – Computation – Short term capital gain- Performance linked fees and portfolio management fees paid to portfolio manager is not allowable as deduction .[ S.45 ]

Het Ram Sharma. v. ITO (2018) 172 ITD 324 (Chd) (Trib.)

S.45: Capital gains- Land -On acquisition of land on which there was a hotel, part of compensation related to land would be subject to Long term capital gains and that on hotel building assessable as short term capital gains. [ S.54 ]

DCIT v. Arjun Puri. (2018) 66 ITR 33 / 172 ITD 29 (Delhi) (Trib.)

S.45: Capital gains- Business income- Co -owner –land as investment -One of the Co -0wener showing the land as stock in trade -Profit on sale of share is assessable as capital gains and not as business income .[ S.28(i) ,54F ]

ITD Cem India JV v. ACIT (2018) 172 ITD 313/(2019) 180 DTR 13/ 200 TTJ 913 (Mum) (Trib.)

S. 40(ba) : Amounts not deductible – Association of persons – Amount paid to member as reimbursement- In order to invoke provisions payments should constitute share income from AOP in hands of recipient member. [ S.67A ]

DCIT v. Esaote India (NS) Ltd. (2018) 172 ITD 299 / 172 DTR 427(/ 196 TTJ 1091 Ahd) (Trib.)

S. 40(a)(ia): Amounts not deductible – Deduction at source -Interest- Where recipient/deductee had already paid tax on impugned amount of interest under section 194A received from assessee by filing return of income, such interest payment could not be disallowed – Second Proviso to section 40(a)(ia) has retrospective effect from 1-4-2005 [ S.194A , 195(3) . 201(1) ]

K.V. Satyanarayana Murthy. v. ITO (2018) 172 ITD 7 (Visakha) (Trib.)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Supplier transported goods to assessee through their own transport agency-there was no contract between assessee and transporter- Not liable to deduct tax at source .[ S.194C]