Month: June 2019

Archive for June, 2019


Grace Shelter v. ACIT (2019) 262 Taxman 423 (Bom.)(HC)

S. 37(1) : Business expenditure–Year of deduction-Slum development expenditure-Contingent upon authority giving vacant possession of plot-Authority was unable to hand over vacant possession of land-Disallowance of expenditure is held to be justified. [S. 145]

PCIT v. Premier Finance & Trading Co. Ltd. (2019) 262 Taxman 341 (Bom.)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Investment in share capital of sister concern, with a view to earn dividend income-Expenditure incurred is held to be allowable as deduction .

Hindustan Newsprint Ltd. v. ACIT (2019) 262 Taxman 334 / 178 DTR 398/ 310 CTR 93 (Ker.)(HC)

S. 28(i) : Business loss–Revaluation of obsolete inventories- Valuation was supported by technical experts–Allowable as business loss. [S. 145]

Shri Hardoi Baba Roller Flour Mills (P.) Ltd. v. CIT (2019) 415 ITR 498/262 Taxman 320 (All)(HC)

S. 24 : Income from house property-Deductions-Business income from renting out its property-Depreciation was allowed–Deduction u/s 24 is not permissible. [S. 24, 32]

PCIT v. Seth Properties. (2019) 262 Taxman 124 (Bom.)(HC)

S. 23 : Income from house property-Annual value–Standard rent -illegal tenant – Deposit of certain compensation on monthly basis in Court, could not form basis to make addition to assessee’s rental income in respect of other tenants who are protected under Rent control Act. [S. 22, Delhi Rent Control Act.]

PCIT v. Premier Finance & Trading Co. Ltd. (2019) 262 Taxman 341 (Bom.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Sufficient interest free funds in excess of interest bearing fund to make investment-Deletion of disallowance is held to be justified. [R. 8D]

CIT v. Paramount Charity Trust. (2018) 97 taxmann.com 134 (Guj) (HC) Editorial: SLP of revenue is dismissed , CIT v. Paramount Charity Trust. (2019) 262 Taxman 164 (SC)

S. 12AA : Procedure for registration–Trust or institution-Objects relatable to education, medical aid and help to poor–Denial of registration is no valid. [S. 2(15)]

CIT v . Citrix R&D India (P.) Ltd. (2019) 104 taxmann.com 84/262 Taxman 276 (Karn)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Citrix R&D India (P.) Ltd. (2019) 262 Taxman 275 (SC)

S. 10A : Free trade zone-Export turnover–Total turnover-while computing amount of deduction expenditure incurred in foreign currency that was deducted from export turnover, had to be deducted from total turnover.

Shrivardhan Mohta v. UOI (2019) 175 DTR 161/307 CTR 396/102 taxmann.com 273 (Cal.)(HC) Editorial: Refer Black money Act, Circulars, clarification etc. (2015) 375 ITR 1(St), ( 2015) 374 ITR 35(St),( 2015) 375 ITR 97(St), (2015) 375 ITR 128(St), (2015) 378 ITR 8 (St)

S. 50 : Punishment for failure to furnish return of income- Where the assessee did not disclose its foreign assets in the course of search as well as in the settlement commission proceedings, he was liable to prosecution under the provisions of Black Money Act. [S. , 55, 71 , ITA, S.153A, ]

PCWT v. Hemant Vitthal Waje (2019) 175 DTR 41/ 307 CTR 216 (Bom.)(HC)

S. 18(1)(c): Penalty –Concealment -Difference of opinion between the assessee and the department with respect to the valuation of the property is not a ground for levy of penalty.