Year: 2019

Archive for 2019


Bhagwati Gases Ltd. v. DCIT (2019) 176 ITD 609 (Kol.)(Trib.)

S. 28(i) : Business loss–Advances not recoverable-Write off Advances given to suppliers for purchase of raw materials- Failure to produce evidence to show that the advances were paid in the ordinary course of business-Not allowable as business loss. [S. 36(1)(vii), 36(2)]

St. Wilfred Educational Society v. PCIT (2019) 176 ITD 675 //(2020) 190 DTR 281 / 204 TTJ 878 (Jaipur)(Trib.)

S. 12AA : Procedure for registration –Trust or institution- Old denomination notes was found during search on premises of assessee’s bank where management of assessee had effective control- Scholarship to several students and had produced several documents in support of said scholarship payments- Non-appearance of certain students for verification – Purchase of plot of land and built a school building – Registration cannot be denied. [S. 11, 12A, 13]

All Saints School v. ITO (2019) 176 ITD 632 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Application of income – Payment to another charitable trust–Exemption cannot be denied merely because the done trust has not spent the donation during the year itself–Interest accrued on fixed deposit – Deemed application of income–Exemption cannot be denied .[ S.11(2) 12, 12A , 13(3) ]

Rajeev Tandon v. Rashmi Tandon (Smt.) (2019) 263 Taxman 50 (Delhi)(HC)

S. 4 : Suit property was bought by a registered conveyance deed and there was also no challenge to registered deed conveying title to plaintiffs, vague and unsubstantiated pleas claiming purchase of property from siphoning off of family business by defendant could not be allowed to be sustained. [S. 2(a)]

PCIT v. Bhavi Chand Jindal. (2019) 105 taxann.com 77/ 263 Taxman 242 (Delhi)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Bhavi Chand Jindal. (2019) 263 Taxman 241 (SC)

S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Manner of earning of earning of undisclosed income was substantiated–Deletion of penalty is held to be justified. [S.132(4)]

Sham Anand Salunkhe v. PCIT (2019) 263 Taxman 190 (Bom.)(HC)

S. 264 : Commissioner-Revision of other orders–Delay of seven years-Return accepted u/s. 143(1)-Rejection of revision application is held to be justified. [S. 143(1)]

PCIT v. Sungard Solutions (I) (P.) Ltd. (2019) 415 ITR 294 / 263 Taxman 277/ 176 DTR 57 (Bom.)(HC)

S. 260A : Appeal-High Court–Jurisdiction-Appeal against order of Appellate Tribunal, Bangalore could only be filed before Karnataka High Court and not at Bombay High Court- Seat of Assessing Officer would not decide jurisdiction of High Court at time of appeal. [S. 269]

PCIT v. I TSC (2019) 418 ITR 339 / 263 Taxman 73/ 176 DTR 264/ 310 CTR 37 (Bom.)(HC)

S. 245D : Settlement Commission–Application-Settlement Commission can declare an application for settlement invalid, but such order has to be passed within prescribed time and under no circumstances, Settlement Commission can give retrospective effect to order invalidating settlement application of assesse..Settlement Commission has no jurisdiction to pre date its order. [S. 245C, 245D(2C), 245D(4)]

CIT v. TVS Electronics Ltd. (2019) 419 ITR 187263 Taxman 164 (Mad.)(HC)

S. 234D : Interest on excess refund–Regular assessment was made after amendment of provision with effect from 1-06-2003– Excess refund granted u/s. 143(1)-Applicable even though assessment period may be prior to said date of amendment.[S. 143(1)]

CIT v. Saifee Hospital Trust. (2019) 262 Taxman 461 (Bom.)(HC)

S. 194J : Deduction at source – Fees for professional or technical services – Payment to doctors –No employer and employee relation ship-Not liable to deduct tax at source as salary [ S.192 ]