Month: February 2019

Archive for February, 2019


S.K. Ravikumar v. ITO (2019) 260 Taxman 288/ 413 ITR 456/ 180 DTR 20/ 310 CTR 212 (Karn.)(HC)

S. 45 (4) : Capital gains – Firm -Retirement of partners-On contribution the individual property to firm, it is the property of the firm – Tribunal is justified in assessing the capital gains in the assessment of the firm.[ S.45 ]

Sandeep Marwah v. ACIT (2019) 260 Taxman 231 (Delhi)(HC)

S. 37(1) : Business expenditure-Business promotion-Failure to produce supporting evidence–Disallowance of 50% of expenses are held to be justified.

Tristar Container Services Asia (P.) Ltd. v. ACIT (2019) 260 Taxman 277 (Mad.)(HC)

S. 37(1) : Business expenditure -Finance lease-Operating lease – Accounting Standard 19 – Matter remanded to Appellate Tribunal [S. 254(1)]

CIT(E) v. Anesthesia Society (2019) 260 Taxman 375/ 183 DTR 221 (Raj)(HC)

S. 12A : Registration –Trust or institution- Anaesthesia speciality – Education programme and research work in larger perspective were going to benefit public at large – Entitled for registration [ S.2(15) ]

PCIT v. Dilip Ranjrekar (2019) 260 Taxman 317/177 DTR 158/ 308 CTR 662 (Karn.)(HC)

S. 10(12) : Accumulated balance–Recognised provident fund – Accumulated balance lying in provident fund of assessee upto retirement is eligible for exemption.

PCIT v. H.P. Excise & Taxation Technical Service Agency (2019) 260 Taxman 302/173 DTR 13 (HP)(HC).Editorial: SLP of revenue is dismissed, PCIT v. H.P. Excise & Taxation Technical Service Agency ( 2019) 266 Taxman 280 (SC)

S. 2(24) : Income – Concept of real income- Statutory levy under the VAT Act, 2005 is being collected by virtue of the powers entrusted by the State Government to the assessee- entire collection is deposited in the Government Treasury of the State after deducting the actual expenditure incurred by the assessee- No real income accrues to the society-Not necessary to get registration u/s 12AA of the Act. [S. 4, 5, 12AA]

CIT v. Meenakshi Devi Avaru ( Smt) (Decd.) Through Legal Heirs. (2019) 410 ITR 306/ 176 DTR 1 / 308 CTR 83(Karn.)(HC) CIT v. Kamakshi Devi (Smt.) (2019) 410 ITR 306 (Karn.)(HC)

S. 2(ea) : Assets-Urban land-Belonging—Ownership-Owner-Pendency of litigation regarding ownership of land is pending for adjudication—Possession with assessee-Includible in net wealth– Protective assessment is held to be valid.

Karanjia Terminal & Logistics (P) Ltd. v. Dy. CIT (2019) 260 Taxman 320 / 306 CTR 597(Bom.)(HC)

S. 264 : Commissioner-Revision of other orders-Tax consultant was indisposed about 7 months due to serious back injury–Delay was condoned–Matter remanded back for disposal on merits. [S. 153A]

CIT v. S. R. A. Systems Ltd. (2019) 410 ITR 392 (Mad.)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue-Doctrine of merger—Relief granted by CIT (A)-Revision to consider eligibility of exemption is held to be not valid [ S.10A(2)(ii), 10A(2)(iii)]

CIT v. Progressive Education Society. (2019) 410 ITR 370/ 306 CTR 614 / 261 Taxman 456/ 174 DTR 281 / 262 Taxman 21(SC)/CIT (E ) v. Progressive Education Society. ( 2019) 177 DTR 58/308 CTR 198 (SC) Editorial : Order in CIT( E) v. Progressive Education Society ( 2019) 410 ITR 371/ 102 Taxmann.com 401 (Bom)(HC) is set aside.Nom No 52 of 2018 dt 9-03 -2018 is set aside .

S. 260A : Appeal-High Court–Delay of 362 days-Difference of opinion between two officers–Appeal was filed on the basis of legal opinion-Delay was condoned and remanded the matter to High Court to decide on merits- Cost of Rs. 1 lakh is awarded on department which is to be paid to the assessee.