Year: 2018

Archive for 2018


ACIT v. Deepak Kumar Handa (2018) 62 ITR 140 (Amritsar)(Trib.)

S. 80IB :Industrial undertakings – Manufacture- Conversion of 24 Karat Gold into 22 Karat Gold ornament amounts to manufacturing.[ S.2(29BA)]

ACIT v. Mahalaxmi Infraprojects Ltd. (2018) 63 ITR 671 (Pune)(Trib.)

S. 80IA: Industrial undertaking – Survey- Bogus purchases-Additional income offered as non genuine purchases -Entitle deduction [ S.80IA(4), 133A ,147 ]

ACIT v. Ho Hup Simplex JV (2018) 63 ITR 74 (SN)(Kol.)(Trib.)

S. 80IA : Industrial undertakings – Infrastructure Development – Joint venture between two companies Merely because assessee was paid by Government for development work, it could not be denied deduction u/s 80IA(4) when it provided a complete infrastructure required to support the development of infrastructure facility and deployed its various resources and exposed itself to various risks. [ S.80IA(3), 194C ]

Dy. CIT v. Credila Financial Services (2018) 192 TTJ 511/64 ITR 324 / 166 DTR 58 (Mum.)(Trib.)

S. 79 : Carry forward and set off losses – Change in share holdings – Companies which public are not substantial interested – Unabsorbed depreciation-Business loss was not allowed to be carried forward for the AY. 2007 -08 to 2010-11 [ S.32 ]

ACG Arts & Properties (P.) Ltd. v. DCIT (2018) 171 ITD 184 (Mum)(Trib.)

S. 69C : Unexplained expenditure -Bogus purchases – Payments were made to suppliers through banking channels – Paintings were reflected as a part of closing stock – Addition is held to be not justified.

Baroda Moulds and Dies v. ACIT (2018) 62 ITR 168 (Ahd.)(Trib.)

S. 69: Income from undisclosed sources — Unexplained investments -Gross profit is higher than earlier years -Additions cannot be made

ACIT v. Shyam Indus Power Solutions (P) Ltd. (2018) 62 ITR 512 512 (Delhi )( Trib.)

S. 68: Cash credits- Unsecured loan- Furnished names and addresses of concerned parties, their PAN and confirmation with bank account and their Income tax returns, and AO had not carried out any investigation to show that those companies did not exist but were paper companies- Addition cannot be made . [ S.131 ]

Dy. CIT v. Ajay Enterprises Pvt. Ltd. (2018) 63 ITR 479 (Delhi)(Trib.)

S. 68 : Cash credits – Income from undisclosed sources – Amount received in cash in respect of sale of immovable property – Sale deed registered in the name of buyer company – Addition if at all to be made in the hands of buyer and not in the hands of the assessee.

Poona Club Ltd. v. ACIT ( 2018) 63 ITR 3 (SN) (Pune ) (Trib)

S. 57:Income from other sources-Where assesse received membership fee from various members which were kept in FDRs and interest earned thereon was brought to tax under section 56, in view of fact that assessee failed to establish nexus between expenditure incurred under various heads and earning of said interest income, its claim for deduction under S.57 was to be rejected. [ S. 56,57(iii) ]

Asia Investments P. Ltd. v. ACIT (2018) 63 ITR 535 /193 TTJ 214 (Mum) ( Trib.)

S. 57 : Income from other sources – Deductions – Dividend income – taxable under head ‘Income from other sources’ – Any expenditure incurred to earn dividend income including finance charges allowable as deduction .[ S. 57(iii) ]