Month: June 2019

Archive for June, 2019


CIT v. Aristo Pharmaceuticals Pvt. Ltd. (2019) 412 ITR 112 (Bom.)(HC)

S. 154 : Rectification of mistake-Fringe benefits tax-Assessing Officer enhancing assessable fringe benefits by passing rectification order- Held to be not valid. [S. 115WE(3)]

Gopal Das Estates And Housing Pvt. Ltd. v. CIT (2019) 412 ITR 489/ 263 Taxman 8/ 176 DTR 193 (Delhi)(HC)

S. 154 : Rectification of mistake-Amount received as rent by assessee who was not owner of properties-Rent passed on to owners-Tribunal holding assessee was not liable to deduct tax at source on such rents-Plausible View-Rectification proceedings holding assessee liable to deduct tax at Source-Not justified.

Etiam Emedia Ltd. v . ITO (2019) 412 ITR 87 (MP)(HC)

S. 147 : Reassessment–Search in premises of third party– Discovery that the assessee was not a genuine company –Notice for reassessment is valid. [S. 148]

CIT v. J Jay TV Pvt. Ltd. (2019) 412 ITR 285 (Mad.)(HC)

S. 144 : Best judgment assessment–Additional ground in respect of non issue of notice u/s. 143(2) was raised first time before Appellate Tribunal – Remanding the matter to CIT(A) is held to be valid. [S. 143(2)]

Sandeep Raghunath Gupta v. DCIT (2019) 412 ITR 203 (Guj.)(HC)

S. 132 : Search and seizure-Retention of seized assets-Cash adjusted against demand on block assessment—Jewellery and fixed deposit receipts to be returned. [S. 153A]

CIT v. Eltek Sgs Pvt. Ltd. (2019) 412 ITR 41 (Delhi)(HC)

S. 80IB : Industrial undertakings-Satisfied turnover stipulations for Small-Scale Industry-No question of law. [S. 260A]

South India Corporation Ltd. v. ACIT (2019) 412 ITR 239/ 177 DTR 337 (Ker.)(HC)

S. 80IA : Industrial undertakings-Assessee has option to choose initial year- Entitled to notional carry forward of loss from that particular Year. [S. 80]

CIT v. Swelect Energy Systems Ltd. (2019) 412 ITR 291 (Mad.)(HC)

S. 80IA : Industrial undertakings–Apportionment of expenses between two sets of units—Deduction not exceeding gross total Income—Apportionment of expenses is valid.

CIT v. Bannari Amman Sugars Ltd. (2019) 412 ITR 69 (Mad.)(HC)

S. 80IA : Industrial undertakings-Generation of power-Eligible unit—Consolidated balance-sheet and profit and loss account- Losses of earlier years of other two units of assessee cannot be notionally brought forward and set off against profits of eligible unit. [S. 80IA(5)]

Gold Line Exports v. ITO (2019) 412 ITR 465 (Mad.)(HC)

S. 80HHC : Export business–Duty entitlement pass book credit- Entitled to take only net amount of sale value after deducting face value. [S.28(iiid)].