Month: March 2019

Archive for March, 2019


CIT v. Geetanjali Credits and Capital Limited. (2019) 411 ITR 338/ 307 CTR 125/ 174 DTR 217 (Delhi)(HC)

S. 147 : Reassessment-Notice based on appellate order-Documents showing share transactions were not genuine–Stockbrokers had elucidated on the sham and bogus nature of the share transaction- Matter remanded. [S. 68, 148]

Baby Marine Exports v. ACIT (2019) 411 ITR 230 / 175 DTR 364(Ker.)(HC)

S. 147 : Reassessment-Certificate was not produced -Inadvertently the deduction was allowed-Based on earlier years appellate order reassessment is held to be valid. [S. 80HHC, 148]

Rallis India Ltd. v. DCIT (2019) 411 ITR 452 (Bom.)(HC)

S. 147 : Reassessment—Change of opinion—Provision for diminution in the value of an asset and provision for doubtful debts-Held to be bad in law. [S. 115JB, 148]

Bharti Infratel Ltd. v. DCIT (2019) 411 ITR 403/ 174 DTR 169 (Delhi)(HC)

S. 147 : Reassessment-After the expiry of four years-Transfer of asset to subsidiary-Subsequent transfer by subsidiary to third party -Transaction was disclosed in the original assessment proceedings- Re assessment is held to be not valid. [S. 148]

CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342 / 309 CTR 42 (Ker.)(HC)

S. 145 : Method of accounting-Mercantile system-Legal steps taken for enhancement of rent -Rent claimed before the arbitrator should be shown as accruing when the matter is pending before the Arbitration. [S. 22, 23]

CIT v. DLF Home Developers Ltd. (2019) 411 ITR 378 (2020) 188 DTR 151 (Delhi) ( HC)

S. 145 : Method of accounting—Construction business–Percentage completion method–Brokerage expenditure–Allowable in the year when the expenditure is incurred. [S. 37(1)]

Covema Filaments Ltd. v. CIT (2019) 411 ITR 560 (Ker.)(HC)

S. 115JB : Book profit–Unabsorbed depreciation-Business loss-Remand by the Tribunal is held to be justified–Provision for interest on bank loans made for earlier years–Waiver of interest-Finding of the Tribunal that interest was an unascertained liability is held to be not proper- matter remanded. [S. 43B]

CIT v. Gillette India Ltd. (2019) 411 ITR 459 (Raj.) (HC) Editorial: SLP is granted to the revenue , PCIT v. Gillette India Ltd (2018) 408 ITR 26 (St) / 264 Taxman 27 (SC)

S. 92B : Transfer pricing–Associated enterprises—Expenditure advertisement, marketing and promotion—deletion of arm’s length adjustment -Held to be justified. [S. 92C]

CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342/ 309 CTR 42 (Ker.)(HC)

S. 72 : Carry forward and set off of business losses–Business loss can be set off only against business income [S. 28(i)]

J. J. Development Pvt. Ltd. v. CIT (2019)411 ITR 549 (Cal)(HC)

S. 68 : Cash credits-Share application money–Failure to appear in response to summons- Addition is held to be justified. [S. 131]