Year: 2018

Archive for 2018


CIT v. Bhai Mohan Singh Foundation ( 2018) 95 taxmann.com 332 ( Delhi) (HC) Editorial: SLP of revenue is dismissed ;CIT v. Bhai Mohan Singh Foundation. (2018) 257 Taxman 90 (SC)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions -Trust was restrained from converting shares held by it in private limited company to other forms of permissible investment by virtue of restraint order of High Court in case of settlors from whom it had received shares, it could not be held liable for violation of provisions of S. 11(5) read with S. 13(1)(d) for holding shares for more than prescribed period- Exemption cannot be denied .[ S.11(5) ,113(1)(d) ]

CIT v. Agricultural Produce Market Committee. (2018)408 ITR 231/ 257 Taxman 234 (Karn)( HC)

S. 11 : Property held for charitable purposes – Accumulation of income did not exceed 15 per cent of income -Entitle exemption [ S.12A, 263 ]

PCIT v. Tesco Hindusthan Service Centre (P.) Ltd. (2018) 96 taxmann.com 74 (Karn) (HC) Editorial: SLP of revenue is dismissed ,PCIT v. Tesco Hindusthan Service Centre (P.) Ltd. (2018) 257 Taxman 92 (SC)

S. 10A : Free trade zone – For computing deduction if export turnover is arrived at after excluding certain expenses, said expenses should also be excluded from total turnover.

N. Annamalai v. PCIT (2018) 257 Taxman 192 (Mad)( HC)

S. 10(10C) :Public sector companies – Voluntary retirement scheme -ICICI Bank- Early Retirement Option Scheme- Entitled to exemption even though the assessee had filed revised return under S. 139(5), for relevant year beyond prescribed time period. [ S.139(5) ]

PCIT v. Road Infrastructure Development Corporation of Rajasthan Ltd. (2018) 257 Taxman 208 (Raj) ( HC) Editorial: SLP is granted to the revenue ,PCIT v. Road Infrastructure Development Corporation of Rajasthan Ltd. (2018) 257 Taxman 186 (SC)

S. 4:Income chargeable to tax-Capital or revenue-Income from other sources-Interest on funds deposited with banks – Prior to commencement of commercial operations will be in nature of capital receipt and will be required to be set off against pre-operative expenditure capitalized under head capital work-in-progress -Cannot be taxed as income from other sources. [ S.5, 56,145 ]

PCIT v. P.S. Raghupathy (2018) 257 Taxman 225 (Mad)(HC).Editorial: SLP of revenue is dismissed PCIT v. P.S. Raghupathy ( 2019) 261 Taxman 248 (SC)

S.2(14)(iii): Capital asset-Agricultural land – Beyond 8 Kms from nearest Municipality -Nursery- Land record showing the land as agricultural land – Sale consideration is exempt from tax .[ S.45 ]

PCIT v. Heenaben Bhadresh Mehta. (2018) 409 ITR 196/ 257 Taxman 219 (Guj)(HC)

S.2(14)(iii): Capital asset-Agricultural land- Adventure in the nature of land – Land was sold after a period of 16 months-Land shown as agricultural land in revenue records- Fact that said land had been sold to an industrial unit and had potential to be used for industrial purpose, could not be a determinative factor to treat profit earned by assessee on sale of agriculture land as business income- The intention of the purchaser cannot be the determinative factor to treat the profit earned by the assessee on sale of agriculture land as business income. .[ S.28(i), 45 ]

Priyanka Chopra (Ms). v. DCIT (2018) 171 ITD 437/ 170 DTR 342/ 195 TTJ 900 (Mum) (Trib.)/Madhu Ashok Chopra v. DCIT (2018) 171 ITD 437/ 170 DTR 342/195 TTJ 900 (Mum) (Trib.)

S. 69C : Unexplained expenditure -Cash payments – Amount offered as undisclosed income in return of mother-Deletion of addition is held to be justified .

Priyanka Chopra (Ms). v. DCIT (2018) 171 ITD 437/ 170 DTR 342/195 TTJ 900 (Mum) (Trib.)

S.69A: Un explained money- Performance charges in weddings- No evidence whatsoever or any incriminating documents which indicated attendance of marriage functions by assessee in absence of any corroborative material addition could not be made solely on basis of statement obtained from secretary of assessee .

Priyanka Chopra (Ms). v. DCIT (2018) 171 ITD 437/ 170 DTR 342/195 TTJ 900 (Mum) (Trib.)

S. 69 :Unexplained investments – Loose papers- Proposal to buy flat- Deal was cancelled – Addition is held to be not justified .