Month: April 2019

Archive for April, 2019


CIT v. P. C. Naidu (2019) 412 ITR 378 (Karn)(HC)

S. 260A : Appeal – High Court -Monetary limit – The matter neither had any cascading tax effect nor did it involve any issues of common principles in a group of matters or a large number of matters-.The withdrawal of the appeal could be permitted in accordance with the CBDT Circular dated July 11, 2018 [ S.119 ]

CIT v. Yes Bank Ltd. (2019) 412 ITR 459 / 307 CTR 593/ 175 DTR 409 / 262 Taxman 446 (SC) Editorial: Decision in CIT v. Yes Bank Ltd ( ITA No. 599 of 2015 dt 1-8 -2017 ( Bom) (HC) is set aside .

S. 260A : Appeal – High Court – Revision — Amortisation of preliminary expenses — Bank — Expenses in relation to initial public offer —Revision was quashed by appellate Tribunal and up held by High Court – Matter remanded to High Court to frame question of law and decide the matter .[ S. 35D, 263 ]

CIT v. ITST )( IT& WT) (2019) 412 ITR 387/ 178 DTR 341 / 309 CTR 297 (Ker)(HC)

S. 245D:Settlement Commission -Full and True disclosure of undisclosed income – Further disclosure of undisclosed income during settlement proceedings -Not entitled to Settlement of case- Granted permission to file an appeal from the assessment order with in 30 days from the date of receipt of a copy of the judgement . [ S. 132, 158BC ,245C, 245D(4) ]

CIT (TDS) v. National Health And Education Society. (2019) 412 ITR 404/ 262 Taxman 240 (Bom) (HC)

S. 192 : Deduction at source – Salary -Hospital- Consultant Doctors are not employees – Not liable to deduct tax at source as salary -Payments for call centre expenses — Tax deductible at source under S. 194C -Services of Managers of another organisation utilised — Reimbursement of expenses- Not liable to deduct tax at source [ S.194C, 194J , 201(1),201(IA) ]

SVK Minerals. v. DCIT (2019) 411 ITR 709/ 311 CTR 789/ 184 DTR 36 (Karn) (HC) Shyamraj Singh v. DCIT (2019) 411 ITR 709 / 311 CTR 789/ 184 DTR 36(Karn) (HC)

S. 153C : Assessment – Income of any other person – Search – A satisfaction note is sine qua non and must be prepared by the Assessing Officer before he transmits the records to the Assessing Officer who has jurisdiction over such other person- Not furnishing the reasons for satisfaction – Proceedings is held to be in valid .

CIT v. Kirloskar Toyota Textile Machinery P. Ltd. (2019) 412 ITR 359 (Karn)(HC)

S.92C : Transfer pricing – Arm’s length price – Comparable – No question of law – Appeal is not maintainable .[ S.260A ]

xCIT v. Nandkishor Huaschand Jalan. (2019) 412 ITR 357 (Guj)(HC)

S.69C: Unexplained expenditure – Bogus purchases – Sundry creditors – Only profit element embedded in credits can be taxed- Restricted to 25% of element of profit . [ S.37 , 69A ]

CIT v. Gujarat Cypromet Ltd. ( 2019) 412 ITR 397 / 177 DTR 121/ 262 Taxman 93 / 308 CTR 309(SC) Editorial: Decision in CIT v Gujarat Cypromet Ltd. (2019] 412 ITR 398 (Guj) (HC) is reversed .

S. 43B : Deductions on actual payment -Interest payable to Banks — Conversion of unpaid interest into funded interest Loan- Not allowable as deduction- Explanation 3C to section 43B inserted with retrospective effect from 1-4-1989 by the Finance Act , 2006 .

M. K. Agrotech P. Ltd. v. ACIT (2019) 412 ITR 351/ 176 DTR 294/ 308 CTR 275 (Karn)(HC)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Purchases were supported by dealers invoice along with valid transit receipt , receipt documents etc – Disallowance is held to be not justified .[ R.6DD ]

CIT v. Chalassani Education Trust. (2019) 412 ITR 343 (Karn)(HC)

S. 11 : Property held for charitable purposes – Application of income- Excess of expenditure of earlier years adjusted against income of relevant accounting year, amounts to application of income — adjustment will have to be excluded from the income of the trust under section 11(1)(a) .[ S.11(1)(a),12 ]