Month: August 2019

Archive for August, 2019


CIT v. Happy Home Corporation. (2019) 414 ITR 524 (Guj.)(HC) Editorial: SLP of revenue is dismissed CIT v. Happy Home Corporation (2019) 411 ITR 38 (ST) (SC) .

S. 133A : Power of survey–Income from undisclosed sources- Disclosure in the course of survey–Project completion method- Addition can be made only in the year of completion of project- Deletion of addition is held to be justified. [S. 69A, 145]

Rajan Jewellery. v. CIT (2019) 414 ITR 621 /177 DTR 369/308 CTR 602/ 266 Taxman 357 (Ker.)(HC)

S. 132 : Search and seizure–Validity-Objection that panchas were not present at the time of search- Cannot be raised for first time. before CIT(A) after a period of three years . [S. 153A]

Soma Enterprise Ltd. v. CIT (2019) 414 ITR 374/ 309 CTR 396/ 180 DTR 79 (Telangana)(HC)

S. 127 : Power to transfer cases–Co-ordinated investigation-Recorded reasons and opportunity of hearing was given-Transfer is held to be valid.[S. 127(2)(A)]

Nexus Feeds Limited v. PCIT (2019) 414 ITR 259 (T&AP)(HC)

S. 127 : Power to transfer cases–Opportunity of hearing was granted to the assesse-Relative hardship-Order is valid.

CIT v. Harrisons Malayalam Ltd. (2019) 414 ITR 344/ 183 DTR 302/ 266 Taxman 414/ 311 CTR 802 (Ker.)(HC), Editorial: SLP granted Harrisons Malayalam Ltd v. CIT (2022)449 ITR 391 (SC)

S. 115JB : Book profit-Gains from sale of agricultural land-Not agricultural income-cannot be reduced-Provision for gratuity- Ascertained liability-Deductible. [S. 2(IA), 2(14)(iii)(a), 10]

Fertilisers and Chemicals Travancore Ltd. (2019) 414 ITR 338 (Ker.)(HC)

S. 115J : Book profit-Anticipated loss on completion of contract-Includible in profits-Provision for gratuity-Bad debts-Not includible in profits.[S. 115JA, S.145]

PCIT v. Ipass India P. Ltd. (2019] 414 ITR 662 (Karn.)(HC)

S. 92C : Transfer pricing-Arm’s Length Price-Question of fact–No substantial question of law.[S. 260A]

CIT v. Itochu India Pvt. Ltd. (2019) 414 ITR 521/ 180 DTR 334/ 310 CTR 430/ 266 Taxman 17 (Mag.) (Delhi)(HC)

S. 92C : Transfer pricing-Arm’s length price-Net margin method-Free on board value of contract cannot be included in operating cost- No question of law. [S. 92D, R.10B(1)(e)]

CIT v. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 / 265 Taxman 354 (Bom.)(HC) Editorial : SLP of revenue is dismissed CIT v. Phoenix Mecano (India) Pvt. Ltd (2018) 402 ITR 32 (ST).

S. 92 : Transfer pricing-Arm’s length price-Arm’s Length Price to be restricted to transaction of assessee with associated enterprise.[S. 92C]

PCIT v. Sadhana Builders Pvt. Ltd. (2019) 414 ITR 561 (Bom.)(HC)

S. 80IB(10) : Housing projects-Project was completed before March 31, 2009-Two building project was handed over to land lord for further development-Allowing the claim is exemption is held to be justified.