Year: 2018

Archive for 2018


CIT v. TBI Education Trust (2018) 257 Taxman 355 / 172 DTR 347/( 2019) 306 CTR 295 (Ker)(HC)

S. 12A : Registration –Trust or institution-Non disposal of application for registration after expiry of six months period is deemed to be granted automatically o expiry of six months period .

CIT v. Babu Ram Education Society (2018)( 2018) 96 taxmann.com 606 (All) (HC). Editorial: SLP is granted to the revenue ;CIT v. Babu Ram Education Society (2018) 257 Taxman 558 / 96 taxmann.com 607 (SC)

S. 12A : Registration –Trust or institution- Registration of a trust does not involve enquiry into actual activities or application of funds, etc. and at that stage only enquiry required to be conducted is with respect to object of trust alone .[ S.2(15). 11 12AA]

A.Kumarappan v. CIT (2018) 257 Taxman 318 (Mad.)(HC) R. Banumurthy v.CIT ( 2018) 257 Taxman 578 ( Mad) (HC)

S. 10(10C) : Public sector companies – Voluntary retirement scheme – Employee of bank having opted for voluntary retirement under Voluntary Retirement Scheme was eligible for exemption.

CIT v. Gloster Jute Mills Ltd. (2018) 257 Taxman 512/( 2019) 416 ITR 458 (Cal.)(HC)

S. 4 : Charge of income-tax –Capital or revenue- Subsidy- Technology upgradation of existing units as well as to set up new units with latest technology to enhance their viability and competitiveness in domestic and international markets- Capital receipts [ S.28(i)]

Roads & Bridges Development Corporation of Kerala Ltd. v. ACIT (2018) 257 Taxman 392 (Ker.)(HC)

S. 4 : Charge of income-tax –Capital or revenue -Interest from mobilization advances made by it to contractor for purpose of facilitating smooth commencement and completion of work of construction- Receipts being intrinsically connected with construction business of assessee would be capital receipt and not income of assessee from any independent source [ S.56]

Fidelity Business Services India (P.) Ltd. v. ACIT (2018) 257 Taxman 266 / 304 CTR 244/169 DTR 73 (Karn.)(HC)

S. 2(22)( e ) : Deemed dividend- Buy-back in excess of fair market price of shares –Direction of Tribunal to make an enquiry in to fair value of shares, which could have implication of deemed dividend –Direction is held to be valid.[ S.115QA, 254(1) ]

Hyundai Motor India Ltd v. Dy. CIT (2018) 406 ITR 25 / 96 taxmann.com 497 / 304 CTR 742/ 169 DTR 345( Mad) (HC)

S. 92C : Transfer pricing – Arm’s length price -Alternative remedy- Provision for an appeal approaching DRP against the order of TPO- Writ is not maintainable [ Art. 226 ]

Alfa Investments. v. ITO (2018) ( 2018) 304 CTR 425/ 167 DTR 95 ( Mad) (HC) Editorial: Order of single judge ,Alfa Investments. v. ITO (2018) 400 ITR 445/ 161 DTR 155 / 300 CTR 85 (Mad) (HC)

S. 147 : Reassessment —Cash credits – No specific direction -Failure to file return- Finding of the CIT(A) in assessment year, 2012 – 13 stating that the amount assessable in the years 2009 – 10 and 2010 – 2011 – Reassessment was held to be valid [ S. 68, 148 ]

CIT v. Pawan Kumar Jain. (2018) 407 ITR 405 (Delhi) (HC)

S.271D: Penalty – Takes or accepts any loan or deposit- Acceptance of Loan in cash in excess of specified limits- Deletion of penalty based on entries alone- Matter remanded to Tribunal for fresh consideration. [ S.158BC, 269SS ]

Indigra Exports Pvt. Ltd. v. DCIT (2018) 407 ITR 396/ 304 CTR 417/ 169 DTR 9 (Karn) (HC) (HC)

S. 260A:Appeal –High Court- Transfer pricing – Determination of arm’s length price is question of fact- High Court Will not interfere unless finding is perverse [ S.92C. ]