Year: 2018

Archive for 2018


Engineers Syndicate India pvt Ltd v. Dy CIT ( 2018) 65 ITR 572 ( Hyd) (Trib)

S. 153A : Assessment – Search-Undisclosed income- Without any incriminating material found in the course of search additions cannot be made –Deduction of claim u/s 80IB(10) which was allowed in the regular assessment proceedings cannot be disallowed .[ S.80IB(10) ]

ITO v. Dreamax Infrastructure Developers. (2018) 65 ITR 500 / 194 TTJ 57 (UO) (Jaipur) (Trib)

S. 145 : Method of accounting – Works contract -Genuineness of expenditure was not in doubt – First year of business – Rejection of books of account is held to be not valid – Income declared of 7.44% is held to be justified .

ACIT v. Future Distributors. (2018) 65 ITR 59(SN) (Kol) (Trib)

S.145: Method of accounting –Without pointing out any specific defects in the books of account , rejection of books of account and estimating higher income is not justified .

Basundhara Goods P. Ltd. ITO (2018) 65 ITR 62 (SN) (Kol) ( Trib)

S. 143(3) : Assessment – Amalgamation- Assessment in name of Company not in existence having amalgamated with another is liable to be cancelled as nullity being bad in law . [ S.263 ]

Unitech Limited v. DCIT (2018) 65 ITR 434 (Delhi) (Trib)

S.142(2A): Inquiry before assessment– Special audit– Complexity of accounts not shown —Special audit made only to overcome limitation — Order for special audit is held to be not justified .

Bartronics India Ltd. v. DCIT (2018) 65 ITR 540/ 195 TTJ 314 (Hyd) (Trib)

S.92B: Transfer pricing- International transactions — Investment in share capital of subsidiaries outside India — Advancing towards investment and for expansion of business out of interest free funds — No interest can be charged — Not in nature of international transaction-Transfer pricing provisions is not applicable — Adjustment is not required .[ S.92C ]

Manipal Health Systems P. Ltd. v. ACIT (2018) 65 ITR 51( SN)) (Bang) (Trib)

S. 72 : Carry forward and set off of business losses -Assessment Order for earlier year pending in appeal — Assessing officer to pass consequential order with regard to set off of brought forward losses keeping in mind outcome of appeal .

Babbal Bhatia (Smt ) v. ITO (2018) 65 ITR 532 (Delhi) (Trib)

S.68: Cash credits —Presumptive taxation- Retail business-Not maintain books of account – Return filed under presumptive taxation- Cash deposits in bank accounts of assessee — Returned income not matching presumptive rate of tax on gross turnover – Department to treat return as invalid — Addition cannot be made as cash credits [ S.44AF ]

Manipal Health Systems P. Ltd. v. ACIT (2018) 65 ITR 51 (SN)) (Bang) (Trib)

S. 50B : Capital gains – Slump sale – Transfer of Hospital business — No Transfer of Land and building of Hospital — Not slump sale — Receipt on account of transfer of Hospital business taxable . [ S.2(42C) ]

Manipal Health Systems P. Ltd. v. ACIT (2018) 65 ITR 51 (SN) (Bang) (Trib)

S. 43A : Rate of exchange – Foreign currency – Capital advance made to subsidiary- Notional Loss — Restatement of foreign currency loan is capital in nature and not allowable as deduction. [Accounting Standard, Para 11.]