Month: June 2019

Archive for June, 2019


Rajeev Tandon v. Rashmi Tandon (Smt.) (2019) 263 Taxman 50 (Delhi)(HC)

S. 4 : Suit property was bought by a registered conveyance deed and there was also no challenge to registered deed conveying title to plaintiffs, vague and unsubstantiated pleas claiming purchase of property from siphoning off of family business by defendant could not be allowed to be sustained. [S. 2(a)]

PCIT v. Bhavi Chand Jindal. (2019) 105 taxann.com 77/ 263 Taxman 242 (Delhi)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Bhavi Chand Jindal. (2019) 263 Taxman 241 (SC)

S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Manner of earning of earning of undisclosed income was substantiated–Deletion of penalty is held to be justified. [S.132(4)]

Sham Anand Salunkhe v. PCIT (2019) 263 Taxman 190 (Bom.)(HC)

S. 264 : Commissioner-Revision of other orders–Delay of seven years-Return accepted u/s. 143(1)-Rejection of revision application is held to be justified. [S. 143(1)]

PCIT v. Sungard Solutions (I) (P.) Ltd. (2019) 415 ITR 294 / 263 Taxman 277/ 176 DTR 57 (Bom.)(HC)

S. 260A : Appeal-High Court–Jurisdiction-Appeal against order of Appellate Tribunal, Bangalore could only be filed before Karnataka High Court and not at Bombay High Court- Seat of Assessing Officer would not decide jurisdiction of High Court at time of appeal. [S. 269]

PCIT v. I TSC (2019) 418 ITR 339 / 263 Taxman 73/ 176 DTR 264/ 310 CTR 37 (Bom.)(HC)

S. 245D : Settlement Commission–Application-Settlement Commission can declare an application for settlement invalid, but such order has to be passed within prescribed time and under no circumstances, Settlement Commission can give retrospective effect to order invalidating settlement application of assesse..Settlement Commission has no jurisdiction to pre date its order. [S. 245C, 245D(2C), 245D(4)]

CIT v. TVS Electronics Ltd. (2019) 419 ITR 187263 Taxman 164 (Mad.)(HC)

S. 234D : Interest on excess refund–Regular assessment was made after amendment of provision with effect from 1-06-2003– Excess refund granted u/s. 143(1)-Applicable even though assessment period may be prior to said date of amendment.[S. 143(1)]

CIT v. Saifee Hospital Trust. (2019) 262 Taxman 461 (Bom.)(HC)

S. 194J : Deduction at source – Fees for professional or technical services – Payment to doctors –No employer and employee relation ship-Not liable to deduct tax at source as salary [ S.192 ]

CIT v. Asian Heart Institute and Research Centre (P.) Ltd. (2019) 262 Taxman 471 (Bom.) (HC)

S. 194C : Deduction at source–Contractors-Catering services– Rightly deducted the tax at source u/s. 194C and provision of S.194J is not applicable.[S. 194J]
Dismissing the appeal of the revenue the Court held that payment to contractor the tax was rightly deducted as contractor and service of cooking did not include any technical service.
CIT v. Saifee Hospital Trust. (2019) 262 Taxman 461 (Bom)(HC)
S. 194J : Deduction at source – Fees for professional or technical services – Payment to doctors –No employer and employee relation ship-Not liable to deduct tax at source as salary [ S.192 ]

Swastik Safe Deposit and Investments Ltd. (2019)263 Taxman 303/ 176 DTR 423 (Bom.)(HC) Editorial : SLP of revenue is dismissed ACIT v. Swastik Safe Deposit and Investments Ltd. ( 2020) 270 Taxman 8 ( SC)

S. 147 : Reassessment–Shares held as investment- Capital asset –Capital gains-Not considered the objections raised by the Assessee- Proceedings stayed–Matter remanded to the AO to pass speaking order. [S. 10(38), 45, 143(1), 148, Art.226.]

Paras Organics (P.) Ltd. v. ACIT (2019) 263 Taxman 44 (Bom.)(HC)

S. 145 : Method of accounting–Rejection of books of account– Suppression of production- Mismatch of consumption of raw material and output of drugs manufactured- Addition is held to be justified.