Year: 2019

Archive for 2019


CIT v. Asian Heart Institute and Research Centre (P.) Ltd. (2019) 262 Taxman 471 (Bom.) (HC)

S. 194C : Deduction at source–Contractors-Catering services– Rightly deducted the tax at source u/s. 194C and provision of S.194J is not applicable.[S. 194J]
Dismissing the appeal of the revenue the Court held that payment to contractor the tax was rightly deducted as contractor and service of cooking did not include any technical service.
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 ]

Swastik Safe Deposit and Investments Ltd. (2019)263 Taxman 303/ 176 DTR 423 (Bom.)(HC) Editorial : SLP of revenue is dismissed ACIT v. Swastik Safe Deposit and Investments Ltd. ( 2020) 270 Taxman 8 ( SC)

S. 147 : Reassessment–Shares held as investment- Capital asset –Capital gains-Not considered the objections raised by the Assessee- Proceedings stayed–Matter remanded to the AO to pass speaking order. [S. 10(38), 45, 143(1), 148, Art.226.]

Paras Organics (P.) Ltd. v. ACIT (2019) 263 Taxman 44 (Bom.)(HC)

S. 145 : Method of accounting–Rejection of books of account– Suppression of production- Mismatch of consumption of raw material and output of drugs manufactured- Addition is held to be justified.

PCIT v. J.P. Morgan Services India (P) Ltd. (2019) 263 Taxman 141/ 182 DTR 373 / 311 CTR 15( Bom) (HC) .

S. 92C : Transfer pricing–Arm’s length price-Mutually agreed procedure (MAP) adopted by Governments of India and USA in relation to US based transactions for determination of ALP could also be adopted for determining ALP of on –US based transactions.

PCIT v. Green Associates (2019) 105 taxmann.com 79 / 263 Taxman 239 (Guj.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Green Associates (2019) 263 Taxman 238 (SC)

S. 80IB(10) : Housing projects-Land was in the original owner- Undertaken development of housing project at their own risk and cost-Entitle to deduction.[S. 2(47)]

CIT v. Muthuramalingam Modern Rice Mill (2019) 263 Taxman 294 / 307 CTR 816/ 176 DTR 177(Mad.) (HC)

S. 80IA : Industrial undertakings -Conversion of paddy into rice is a manufacturing activity-Entitle to deduction. [S. 80IB].

CIT v. Ranjit Projects (P.) Ltd. (2019) 104 taxmann.com 391 / 263 Taxman 4 ( Guj.)(HC) Editorial: SLP of revenue is rejected ,CIT v. Ranjit Projects (P.) Ltd. (2019) 263 Taxman 3 (SC)

S. 80IA : Industrial undertakings–Infrastructure development- Agreement with a nodal agency established by State Government Deduction cannot be denied. [S. 80IA(4)]

PCIT v. Gujarat Paghuthan Energy Corporation (P.) Ltd. (2019) 263 Taxman 255 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Gujarat Paghuthan Energy Corporation (P.) Ltd. (2019) 263 Taxman 254 (SC)

S. 80IA : Industrial undertakings-Gross or net-Net of interest excluding expenditure incurred in earning such interest income which should be excluded for purpose of deduction.

Sri. Kavitha Jewellers v. DCIT (2019) 263 Taxman 185/ 309 CTR 82/ 177 DTR 100 (Mad.)(HC)

S. 69A : Unexplained money–Search–Excess jewellery found which belongs to partners-Addition cannot be made in the assessment of firm. [S. 158BB]

CIT v. Dilbagh Rai Arora. (2019) 263 Taxman 30/ 308 CTR 502/ 177 DTR 220 (All.)(HC)

S. 69 : Unexplained investments–Statement on oath-Assets were not found-Merely on the basis of statement in the course of search no addition can be made. [S. 132(4)]