Month: June 2019

Archive for June, 2019


Awanindra Singh. v. DCIT (2019) 176 ITD 355/ 180 DTR 17 / 200 TTJ 427 (Delhi)(Trib.)/Computerland Integrators (India) Ltd v Dy CIT ( 2019) 200 TTJ 427 /180 DTR 17 ( Delhi) (Trib)

S. 147 : Reassessment-Share capital-Assessing Officer never formed an opinion that there was escapement of income-Reassessment is held to be not valid. [S. 68, 148].

Priapus Developers (P.) Ltd. v. ACIT (2019) 176 ITD 223 / 71 ITR 113 / 182 DTR 226 (Delhi) (Trib.)

S. 115JB : Book profit–Amalgamation-Revaluation on basis of fair market value (FMV)-Revaluation was mandated by order of High Court approving amalgamation scheme-Difference arising between book value of shares shown in books of amalgamating company and FMV of shares which formed capital reserve of assessee, could not be added while computing book profit. [S. 145]

ACIT v. Om Metal Infraproject Ltd. (2019) 176 ITD 202 (Jaipur)(Trib.)

S. 115JB : Book profit – Share of profit from AOP- Insertion of clause (iic) in Explanation 1 to section 115JB by Finance Act, 2005, w.e.f. 1-4-2016, is retrospective in nature- Share income would not be included while computing total income for purpose of book profit [ S. 67A, 86]

Famina Knit Fabs v. ACIT (2019) 176 ITD 246/ 177 DTR 140/ 199 TTJ 258 (Chd.)(Trib.)

S. 115BBE : Tax on income referred in S 68, 69, 69B, 69C, S69D-Set off of loss-Survey-Surrender of income-Set off of losses was to be allowed-The amendment made to section 115BBE denying the benefit of set off of losses with effect from 1-4-2017 was retrospective in nature. [S. 68 to 69C, 71, 115BBE, 133A]

CEVA Freight India (P.) Ltd. v. DCIT (2019) 176 ITD 341 (Delhi) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Management fee-TPO is not justified in holding that arm’s length value of management fee was nil and accordingly making an upward adjustment.

CEVA Freight India (P.) Ltd. v. DCIT (2019) 176 ITD 341 (Delhi) (Trib.)

S. 92C : Transfer pricing-Arm’s length-Selection of comparable-TPO’s own filters were not proportionate with range of 75 – 85 per cent (freight cost/freight income)-Directed to exclude said comparable from list of comparables.

Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi) (Trib.)

S. 92C : Transfer pricing–Capital asset-Share application money- Investment made in shares or applying for shares cannot be given different colour so as to expand scope of transfer pricing adjustment by recharacterizing it as interest free loan– Adjustment made is held to be not valid. [S. 92B]

Awanindra Singh v. DCIT (2019) 176 ITD 355/ 180 DTR 17 (Delhi)(Trib.)

S. 69A : Unexplained money-Misappropriation of cash -Director – Authorised agent of company-No addition can be made in the hands of the director.

Awanindra Singh. v. DCIT (2019) 176 ITD 355 / 180 DTR 17/ 200 TTJ 427 (Delhi) (Trib.)/Computerland Integrators (India) Ltd v Dy CIT ( 2019) 200 TTJ 427 /180 DTR 17 ( Delhi) (Trib)

S. 69A : Unexplained money–Seizer of cash from director- Company had shown to have received cash as share capital- Matter remanded for read judication.

Awanindra Singh. v. DCIT (2019) 176 ITD 355/180 DTR 17/ 200 TTJ 427 (Delhi) (Trib.)/Computerland Integrators (India) Ltd v Dy CIT ( 2019) 200 TTJ 427 /180 DTR 17 ( Delhi) (Trib)

S. 69 : Unexplained investment-Immovable property-Assets were acquired in earlier years–No addition can be made for the relevant year.