Month: February 2019

Archive for February, 2019


Satish Katoch. v. ITO (2019) 174 ITD 337 (Chd) (Trib.)

S. 234B : Interest – Advance tax – Reassessment-Unexplained investment – levy of interest is mandatory [ S.147, 148,234B(3)]

ACIT v. Navneet Kumar Sureka. (2019) 174 ITD 320 (Delhi) (Trib.)

S. 69A : Unexplained money – Documents seized in third party premises in the course of search- No mention of name of assessee in the seized documents -Deletion of addition is held to be justified .[ S.132(4A) ]

ACIT v. Navneet Kumar Sureka. (2019) 174 ITD 320 (Delhi) (Trib.)

S.68: Cash credits-Shares- Purchase of shares held to be genuine – Sale consideration cannot be assessed as assessee’s own unaccounted money [ S.45 ]

Amit Bansal v. ACIT (2019) 174 ITD 349 (Delhi) (Trib.)

S. 50C : Capital gains – Full value of consideration – Stamp – Date of agreement -Registration – Value adopted or assessed or assessable by stamp valuation authority on date of agreement is to be taken for purpose of full value of consideration- The proviso to S. 50C was inserted by the Finance Act, 2016 with effect from 1-4-2017 is prospective in nature. [ S. 2(47)(v)45 ]

Bhagini Nivedita Sahakari Bank Ltd v. DCIT (2019) 174 ITD 303 / 176 DTR 329 (Pune) (Trib.)

S. 36(1)(viia) :Bad debt-Provision for bad and doubtful debts – Schedule bank – A co-operative bank is entitled to claim deduction of bad debts provided in first part of S.36(1)(viia)(a) being 7.5 per cent of total income even in absence of rural branches.

DIT (E) v. American School of Bombay Education Trust (2019) 174 ITD 326/ 69 ITR 66/ 198 TTJ 534 (Mum) (Trib.)

S.10(22): Educational institution- Exemption cannot be denied merely on ground that it was receiving fees from foreigner students in foreign exchange abroad by way of an arrangement with an educational organisation abroad.