Month: June 2019

Archive for June, 2019


Sundaram Finance Ltd. v. ACIT (2019) 262 Taxman 465 / 413 ITR 298 / 178 DTR 351/ 310 CTR 774(Mad.)(HC)

S. 4 : Charge of income-tax–Subsidy from foreign company – Capital receipt not liable to tax.

Haldar Foods (P.) Ltd. v. ITO (2019) 176 ITD 496/ 200 TTJ 896 / 181 DTR 257(Amritsar) (Trib.)

S. 271B : Penalty-Failure to get accounts audited-Illness of Director cannot be the reasonable cause for long delay in complying audit obligation – Levy of penalty is held to be justified. [S. 44AB, 273B]

ACIT v. U.P. Asbestos Ltd. (2019) 176 ITD 518/ 200 TTJ 886/ 180 DTR 305 (Luck)(Trib.)

S. 145A : Method of accounting – Valuation of stock- Excise duty- Not added to purchases, sales or valuation of inventories – Valuation of closing stock, excise duty had rightly been excluded from value of closing stock of finished goods at end of accounting period.

Vinesh Maheswari v. ITO (2019) 176 ITD 576 (Delhi)(Trib.)

S. 68 : Cash credits-Books of account-Sale of shares-long term capital gains–Bank statement is not books of account-Addition cannot be made without giving an opportunity of cross examination–Addition is deleted. [S. 2(12A), 44AA]

Macrotech Construction (P.) Ltd. v. ACIT (2019) 176 ITD 530 (Mum.)(Trib.)

S. 37(1) : Business expenditure–Construction business- Accounting Standard-2- Justified in debiting all expenses to work-in-progress except expenses related to administration, selling, marketing, etc. [S. 145]

DCIT v. PPFAS Asset Management (P.) Ltd. (2019) 176 ITD 541 (Mum.)(Trib.)

S. 37(1) : Business expenditure-Asset management company– Date of approval given by SEBI was to be regarded as date on which assessee set up its business and was ready to commence said business- Expenses incurred for purpose of business after said date of approval were eligible for deduction. [S. 3, Regulation 21 of the SEBI (Mutual Fund) Regulations, 1996]

Adesh Foundation (Regd.) v. CIT (2019) 176 ITD 506/199 TTJ 105/ 177 DTR 153 (Asr.)(Trib.)

S. 12AA : Procedure for registration–Trust or institution- Possibility of misuse of donations-Approval u/s 80G cannot be denied. [S. 80G ]

CIT v. Poonjar Service Co-Operative Bank Ltd. (2019) 414 ITR 67 (FB) (Ker.) (HC)/Mavilayi Service Co -Operative Bank Ltd v. CIT ( 2019) 309 CTR 121 / 179 DTR 65( FB) (Ker) (HC) PCIT v. Vazhappally Service Co -Operative Bank Ltd ( 2019) 309 CTR 121 /179 DTR 65( FB) (Ker) (HC)

Precedent—Appeal–Merger–Dismissal of appeal on ground of low tax effect-High Court order does not merge in order of Supreme Court.

CIT v. Om Prakash Jakhotia (2019) 414 ITR 176/ 179 DTR 1 / 309 CTR 499/ 265 Taxman 110 (Delhi)(HC)/ Editorial: SLP of assessee is dsmissed, Om Prakash Jakhotia v. PCT (2019) 418 TR 18 (St) (SC)

S. 245D : Settlement Commission–Full and true disclosure-Surrender of income in the course of search- Retraction after two years- Application for settlement showing undisclosed income much lower figure–Report of revenue was not considered- Settlement Commission determining the income higher than the disclosed income–Order of Settlement Commission was quashed. [S. 132(4), 245C, 245D(4)]

Akshar Builders. V. PCIT (2019) 414 ITR 34 (Guj.)(HC)

S. 245D : Settlement Commission–Restoration of matter to Settlement Commission by High Court-Computation of period of 18 months-Period taken by assessee in pursuing remedy before Court and period during which order stayed to be excluded. [S. 245D(4A)]