Year: 2018

Archive for 2018


Shreya Sen. v. UOI (2018) 407 ITR 37/257 Taxman 95/2019) 306 CTR 610/ 174 DTR 266 (Delhi)( HC)Editorial: UOI v. Shreya Sen ( 2019) 306 CTR 609 (SC) decided in favour of revenue .

S. 139AA: Return of income – Quoting of Aadhaar Number -Deadline for PAN-Aadhaar linkage having been extended to 31-3-2019,assessees were be permitted to file their returns for relevant year without any insistence of linkage of their Aadhaar with their PAN numbers. [ S.119 ]

Sky View Consultants ( P) Ltd v. ITO ( 2017) 397 ITR 673/ 86 taxmann.com 87 /( 2018) 169 DTR 157/ 304 CTR 827( Delhi) (HC) Editorial: SLP of revenue is dismissed , ITO v. Sky view consultants. (2018) 257 Taxman 250 (SC)

S. 131 : Power – Discovery – Production of evidence -Reports submitted by the Income tax Officer who is not authorised to exercise the power cannot be the basis for reopening of assessment .[ S.131(IA), 147, 148 ]

CIT v. Principal Global Services (P.) Ltd. (2018) 257 Taxman 244 (Bom)( HC) Editorial : Order in Principal Global Services (P.) Ltd v. Dy.CIT (2015) 57 taxmann.com 215 ( Pune ) (Trib) is affirmed .

S.92C: Transfer pricing- Arm’s length -Comparable – Customer profile of comparable is completely different-Incomparable-company engaged in developing software products, development of software services and also engaged in running a training centre for software professional on online projects, was incomparable -Business model of comparable being of outsourcing its service being different from in-house business model of providing services, said company was not was a comparable- Data of company was for a financial year, that did not correspond to financial year of assessee, it could not be selected as comparable -Huge difference in turnover between tested party and comparable would necessarily require proposed comparable to be excluded from list of comparables.

Kuthuparamba Range Kalluchethu Vyavasaya Thozhilali Sahakarana Sangham Ltd. v. CIT (2018) 257 Taxman 151 (Ker) (HC)

S. 80P : Co-operative societies -Agricultural enterprise – Tapping of toddy and vending it through licenced shops, eligible to claim deduction, however deduction cannot be claimed without filing a return by co-operative society .[ S. 80A (5), 80P(2)(iii) ]

Chambal Fertilizers & Chemicals Ltd v. CIT (2018) 95 taxmann.com 313 ( Raj) (HC)

S. 80IA :Industrial undertakings -Expenses provision written back will not form a part of income since it was written off deposit which was kept in separate account and is not an income eligible .

Chambal Fertilizers & Chemicals Ltd v. CIT (2018) 95 taxmann.com 313 ( Raj) (HC) Editorial: SLP of revenue is dismissed ,CIT v. Chambal Fertilizers & Chemicals Ltd. (2018) 257 Taxman 93 (SC)

S. 80IA :Industrial undertakings – Derived – Interest- compensation- miscellaneous income- Interest earned on short term deposits – Entitle deduction in respect of interest on deposits, compensation received on machinery breakdown and miscellaneous income-Interest earned on short-term deposits of money kept apart for purpose of business has to be treated as income earned on business and cannot be treated as income from other sources and is deduction [ S.28((i), 56 ]

Chambal Fertilizers & Chemicals Ltd v. CIT (2018) 95 taxmann.com 313 ( Raj) (HC) Editorial: SLP of revenue is dismissed ,CIT v. Chambal Fertilizers & Chemicals Ltd. (2018) 257 Taxman 93 (SC)

S. 80HHC : Export business – Profits and gains of business or profession- Rent -Interest – Ninety per cent of such quantum of receipt of rent or interest will not be deducted under clause (a) of Explanation (baa) to section 80HHC . [ S.28 , 30 to 44AD ]

CIT v. Madona Commercial (P.) Ltd. (2018) 257 Taxman 116 (Bom)(HC)

S. 73 : Losses in speculation business Gross total income of assessee company mainly consisted of income from other source’, and, consequently, loss incurred by assessee in share transaction could not be said to be a speculative loss [ S.56 ]

CIT v. Jalan Hard Coke Ltd. (2018) 95 taxmann.com 330 ( Raj) (HC) Editorial: SLP of revenue is dismissed ;CIT v. Jalan Hard Coke Ltd. (2018) 257 Taxman 91 (SC)

S. 68 : Cash credits – Share application-In ability to produce share application- Addition cannot be made as cash credits .

Dharmakumar C. Kapadia v. ACIT (2018) 257 Taxman 239 (Bom)(HC) Editorial: Order in Dharmakumar C. Kapadia v. ACIT ( 2016) 65 taxmann.com 61 ( Mum) (Trib) is affirmed

S. 55 : Capital gains – Cost of improvement – Cost of acquisition -Tenancy rights- Acquired tenancy rights by inheritance i.e. from his father before 1-4-1981, in view of provisions of section 49(1)(iii), benefit of indexation of cost of acquisition could not be granted while computing capital gain arising from sale of said rights- Cost to be taken as nil, as the assessee has not paid any purchase price for acquisition of the same . [ S. 48 ,49(1)(iii), 55 (2)(b), 55(3) ]