Month: June 2019

Archive for June, 2019


ITO v. Sanjeev Ghei. (2019) 104 taxmann.com 80/ 262 Taxman 265 ( Delhi) (HC) Editorial : SLP of revenue is dismissed; ITO v. Sanjeev Ghei. (2019) 262 Taxman 264 (SC)

S. 147 : Reassessment – Change of opinion- Loans or advances to share holders – Disclosed material facts- Reassessment is held to be not valid. [S.2(22)(e), 148 ]

Jalaram Enterprises (P.) Ltd. v. ITO (2019) 262 Taxman 404 (Bom.)(HC)

S. 147 : Reassessment–With in four years-Cash credits–Bogus accommodation entries- sums were received in earlier assessment year 2010-11 and were already verified and assessed by revenue authorities- Reopening of assessment in current assessment year is held to be not valid. [S. 68, 133, 148].

Hamilton Housewares (P.) Ltd. v. DCIT (2019) 262 Taxman 410 (Bom.)(HC) Hamilton Housewares (P.) Ltd. v. DCIT (2019) 262 Taxman 418 (Bom.)(HC)

S. 147 : Reassessment–Deemed dividend-Audit information-Loan from company-loan transaction was duly scrutinized by Assessing Officer in original assessment-Notice was issued on insistence of audit party- Reassessment is held to be bad in law. [S.2(22)(e), 148]

ACIT v. FIS Global Business Solutions India (P.) Ltd. (2019) 102 taxmann.com 471 ( Delhi)(HC) Editorial: SLP of revenue is dismissed, ACIT v. FIS Global Business Solutions India (P.) Ltd. (2019) 262 Taxman 369 (SC)

S. 147 : Reassessment–Audit objection-Business expenditure–Forex gain-merely on the basis of audit objection–Reassessment is not valid [ S.37(1), 148]

PCIT v. Zirconia Cera Tech Glazes. (2019) 103 taxmann.com 357 / 262 Taxman 201 (Guj.) (HC) Editorial: SLP of revenue is dismissed; PCIT v. Zirconia Cera Tech Glazes. (2019) 262 Taxman 200 (SC)

S. 145 : Method of accounting–Undervaluation of sales and estimation of gross profit–Deletion of addition is held to be justified.

PCIT v. M. Pallonji Shipping (P.) Ltd. (2019) 262 Taxman 326/ 177 DTR 115/ (2020) 314 CTR 827 (Bom.)(HC)

S. 115V-I : Shipping business – Shipping income -Tonnage tax scheme-Forex rate fluctuation gains -Gains on account of exchange rate variations of foreign loan taken for purchase of ships being connected to assessee’s core activities of operating qualifying ships would be entitled to benefit under Chapter XII-G.

PCIT v. Pfizer Ltd. (2019) 262 Taxman 215/ 308 CTR 389/ 177 DTR 110 (Bom.)( HC)

S. 92C : Transfer pricing–Arm’s length price-Company which outsources its work is not comparable for ALP determination with a company that does activity inhouse-A company having substantial related party transactions, could not be selected as comparable.

CIT v. CLP India (P.) Ltd. (2019] 103 taxmann.com 442 / 262 Taxman 204 (Guj.)(HC) Editorial: SLP of revenue is dismissed, CIT v. CLP India (P.) Ltd. (2019) 262 Taxman 203 (SC)

S. 80IA : Industrial undertakings-Net interest excluding expenditure incurred in earning such interest income which had to be excluded for purpose of computing deduction.

Aberdeen Institutional Commingled Funds LLC. v. AAR. (2019) 262 Taxman 346 / 177 DTR 1 / 308 CTR 287 / ( 2020) 421 ITR 183 (Bom.)(HC)

S. 74 : Losses – Capital gains – Carry forward – Advance Rulings- Loss determined in pursuance of a return filed for earlier assessment u/s 139 can only be carried forward. – Only party before the authority can be heard – Other parties cannot be heard by Court . [ S. 80 , 139(3), 245N, Art . 226 ]

Arvind Janardhan Pandey v. ITO (2019) 262 Taxman 401 (Bom.)(HC)

S. 69A : Unexplained money – Search and seizure-illegal capitation fees –Addition on estimate basis is held to be justified.