Year: 2019

Archive for 2019


National Company v. ACIT (2019) 415 ITR 5 / 263 Taxman 511/ 310 CTR 217 (Mad.)(HC)

S. 45(4) : Capital gains–Retirement-Allotment to a partner of his share in assets of partnership after deduction of liabilities is not transfer – Not liable to capital gains tax. [S. 2(47)(vi)]

CIT v. Dharma Productions (P.) Ltd. (2019) 263 Taxman 585 / 308 CTR 809 / 177 DTR 321 (Bom.)(HC)

S. 37(1) : Business expenditure–Cost of print and publicity–cost of production- Feature films -Expenditure were incurred after production and certification of film by Censor Board was received – Not governed by Rule 9A- Allowable as revenue expenditure. [R. 9A 9B]

PCIT v. Gujarat Lease Financing Ltd. (2019) 105 taxmann.com 156 263 Taxman 351 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Gujarat Lease Financing Ltd. (2019) 263 Taxman 350 (SC)

S. 36(1)(vii) : Bad debt-Held to be allowable though the principal amount debited to the principal amount never appeared as a debt on account of trade.

CIT v. Oberon Edifices & Estates (P.) Ltd. (2019) 263 Taxman 377/ 311 CTR 815/ 184 DTR 56 (Ker.)(HC)

S. 28(i) : Business income-Income from house property–Shopping mall -Commercial exploitation-Facilities and services-Income derived by assessee by letting out shops in mall had to be assessed as income from business and not as income from house property. [S. 22]

PCIT v. Moonstar Securities Trading and Finance Co. (P.) Ltd. (2019) 105 taxmann.com 274 /263 Taxman 459 (Delhi) (HC) Editorial: SLP of revenue is dismissed, PCIT v. Moonstar Securities Trading and Finance Co. (P.) Ltd. (2019) 263 Taxman 458 (SC)

S. 14A : Disallowance of expenditure-Exempt income–AO cannot reject the disallowances offered by the assessee, without adducing any reasons. [R. 8D]

DIT(E) v. Gemological Institute of India (2019) 105 taxmann.com 179 / 263 Taxman 349 (Bom.)(HC) Editorial: SLP of revenue is dismissed on the ground of low tax effect. DIT(E) v. Gemological Institute of India (2019) 263 Taxman 348 (SC)

S. 11 : Property held for charitable purposes –Registration granted – AO cannot revisit objects again while examining compliance with S.11 of the Act. [S. 2(15), 12A]

CIT(E) v. Ahmedabad Urban Development Authority (2019) 105 taxmann.com 309 / 263 Taxman 456 (Guj.) (HC) Editorial : SLP is granted to the revenue, CIT (E) v. Ahmedabad Urban Development Authority (2019) 263 Taxman 455 (SC)

S. 11 : Property held for charitable purposes-Accumulation of income – Entitle to exemption. [S. 2(15)]

Nadigar Sangam Charitable Trust v. ADIT (2019) 263 Taxman 648/ 179 DTR 297/ 310 CTR 483 (Mad.)(HC)

S. 11 : Property held for charitable purposes – Artists and actors -Advance paid to purchase leasehold right in auditorium was to be considered as application of income- Entitle to exemption.[ S.2(15) 11(1)(a), 11(5)]

PCIT v. Green Fire Exports (2019)106 taxmann.com 32 / 263 Taxman 676 (Raj.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Green Fire Exports (2019) 263 Taxman 675 (SC)

S. 10AA : Special economic zones-Reconstruction-sole proprietorship was not been shifted to firm -Only Capital received from sole proprietorship-Not a reconstruction – Entitle to exemption. [S.10AA)4)(iii)]

Jaipur National University v. Jt. CIT (2019) 175 DTR 337/198 TTJ 457 (Jaipur) (Trib.)

S. 275 : Penalty-Bar of limitation–Initiation of penalty starts from issue of show cause notice and not from date of order u/s 201(1)- Penalty order was within time and not barred by limitation. [S. 201(1), 201(IA), 271C]