Month: May 2019

Archive for May, 2019


CIT v. Hindustan Lever Ltd. (2019) 103 taxmann.com 88 (Bom.) (HC) Editorial: SLP of revenue is dismissed; CIT v. Hindustan Lever Ltd. (2019) 261 Taxman 547 (SC)

S. 80I : Industrial undertakings -Deduction under section 80-I should be given on profit without reducing deduction under section 80HH. [S. 80HH]

CIT v. Kalpana Hansraj (2019) 261 Taxman 294 / 307 CTR 797/ 176 DTR 217 (Bom.)(HC)

S. 54F : Capital gains-Investment in a residential house-Sale of Booking of flat is not sale of residential property-Entitle for exemption. [S. 2(14), 45]

PCIT v. UTV Software Communication Ltd. (2019) 261 Taxman 562 (Bom.)(HC) Editorial: UTV Software Communication Ltd v. ACIT ( 2016) 157 ITD 71 (Mum) (Trib) is affirmed.

S. 45 : Capital gains-Sale of shares of subsidiary–Cannot be assessed as slump sale. [S. 2(42C), 50B]

CIT v. Reliance Industries Ltd. (2019) 261 Taxman 358 /(2020) 421 ITR 686 (Bom.)(HC) Editorial : SLP is granted to the revenue, CIT v. Reliance Industries Ltd. (2019) 418 ITR 13 (St) (SC) /( 2020) 270 Taxman 19 (SC)

S. 37(1) : Business expenditure –Consultancy charges –Statement – Retraction- Merely on the basis of statement recorded in the course of search, which was retracted–No disallowance can be made without bringing on record independent material. [S. 132(4)]

CIT v. Swadeshi Internationals (2019) 261 Taxman 430 (Karn.)(HC)

S. 37(1) : Business expenditure–Foreign travelling expenditure of trustee on tourist visa- Held to be allowable.

CIT v. Swadeshi Internationals (2019) 261 Taxman 430 (Karn.)(HC)

S. 37(1) : Business expenditure–Export business–Remuneration to trustees-Reasonableness of expenditure is to be judged from point of view of businessman and revenue cannot sit in arm chair of businessman to decide what is reasonable and what is not- Held to be allowable.

PCIT v. Goa Tourism Development Ltd. (2019) 261 Taxman 500 (Bom.)(HC)

S. 37(1) : Business expenditure–Capital or revenue–Repair and renovation is held to be revenue expenditure. [S. 30]

PCIT v. Goa Tourism Development Ltd. (2019) 261 Taxman 500 (Bom.)(HC)

S. 32 : Depreciation–UPS-Component/equipment connected with computer- Entitle to 60 SLP of revenue is dismissed; CIT v. Bajaj Hindustan Ltd. (2019) 261 Taxman 558 (SC)per cent depreciation.

CIT v. Bajaj Hindustan Ltd. (2019) ( 2019) 103 taxmann.com 31 (Bom.)(HC) Editorial: SLP of revenue is dismissed; CIT v. Bajaj Hindustan Ltd ( 2019( 261 Taxman 558 (SC)// 411 ITR 3(St.)(SC)

S. 32 : Depreciation–Unabsorbed depreciation pertaining to assessment year 1997-98 to assessment year 2001-02 was allowed to be carried forward and adjusted after lapse of 8 assessment years in view of section 32(2) as amended by Finance Act, 2001 [S. 32(2)]

CIT (E) v. Institute of Correctional Administration (2019) 103 taxmann.com 84 (P&H)(HC) Editorial : SLP of revenue is dismissed , CIT (E) v. Institute of Correctional Administration (2019) 261 Taxman 556 (SC)

S. 12AA : Procedure for registration–Trust or institution- Society imparting training to various officers/officials involved in criminal justice – No profit motive – Entitle for registration. [S. 2(15), 12A]