Month: November 2019

Archive for November, 2019


PCIT v. Kundayam Service Co-operative Bank Ltd. (2019) 265 Taxman 52 (Mag) (Ker.)(HC)

S. 80P : Co-operative societies-Primary Agricultural Credit Society –Interests from loans and advances-Matter remanded [S.80P(2)(a)(i), Kerala Co-operative Societies Act, 1969.]

Pioneer Foods & Agro Industries. v. ITO (2019) 265 Taxman 53 (Mag)/ 181 DTR 60/ 311 CTR 573 (Bom.)(HC)

S. 80IB(11A) : Undertaking–Business of processing , preservation and packaging of fruits or vegetables-Business of manufacturing and exporting honey is eligible to claim deduction.

PCIT v. Bhagwanbhai K. Patel. (2019) 108 taxmann.com 60 / 265 Taxman 233 (Guj) (HC) Editorial: SLP of revenue is dismissed PCIT v. Bhagwanbhai K. Patel. (2019) 265 Taxman 232 (SC)

S. 69C : Unexplained expenditure–Purchase of land jointly with another person-Assessee could be asked to explain only 50% of his share and not source of other person who has invested another 50%.

Swathi Enterprises. v. DCIT (2019) 265 Taxman 69 (Mag) / 309 CTR 191 / 176 DTR 337 ( 2020) 421 ITR 128(Mad.)(HC)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Unexplained money –Gifts- Admission by partner- Addition is held to be justified- Rejection of miscellaneous application is held to be justified . [ S. 69A, 132(4), 158BB, 260A ]

Krishan Kumar. v. ITO (2019)107 taxmann.com 463 / 265 Taxman 228 (P& H) (HC) Editorial: SLP of asessee is dismissed Krishan Kumar. v. ITO (2019) 265 Taxman 227 (SC)

S. 69A : Unexplained money–Cash deposit in savings bank account of Rs. 37 lakhs-Sales as per return was only Rs.9.65 lakhs-Addition is held to be justified.

Vijay Jain. v. CIT (A) (2019) 265 Taxman 81(Mag.) (MP)(HC

S. 69 : Unexplained investments–Purchase of land-Addition made on the on the basis of statement and agreement of purchase is held to be valid.

CIT v. Suvas Hitendra Barot (2019) 108 taxmann.com 58 / 265 Taxman 231 (Guj.)(HC) Editorial: SLP of revenue is dismissed CIT v. Suvas Hitendra Barot (2019) 265 Taxman 230 (SC)

S. 69 : Unexplained investments–AO has not established the any such unaccounted investments – Order of Tribunal is affirmed. [S. 260A]

Royal Rich Developers (P.) Ltd. v. PCIT (2019) 265 Taxman 99 (Mag.)(HC)

S. 68 : Cash credits–Share application money-Share premium-Failure to produce share investors-Initial burden is not discharged-Addition is held to be justified.

Dy.CIT v. Pushpak Merchants (P) Ltd. (2019) 108 taxmann.com 174/ 265 Taxman 433 (Chhatisgarh) (HC) Editorial : SLP of revenue is dismissed, DCIT v. Godavari TIE UP (P.) Ltd. (2019) 265 Taxman 432 (SC)

S. 68 : Cash credits–Bank deposits–Bank statement was produced before appellate authorities–Deletion of addition is held to be valid.

Bairappa Krishnappa v. CIT(A) (2019) 265 Taxman 446 (Karn.) (HC)

S. 68 : Cash credits–Loans-Confirmation was filed–Matter remanded to the AO. [S. 254(1)]