Year: 2019

Archive for 2019


CIT v. Settlement Commission (I&W) (2019) 412 ITR 387/ 178 DTR 341/ 309 CTR 297 (Ker.)(HC)

S. 245C : Settlement Commission – Settlement of cases –Further disclosure of undisclosed income during settlement proceedings — No full and true disclosure of undisclosed income — Not entitled to Settlement-Assessee was granted liberty to file an appeal within thirty days from the date of receipt of a copy of the judgment of the court in the writ appeal. [S. 245D]

UOI v. The Society of Mary Immaculate (2019) 412 ITR 545/ 262 Taxman 496/ 308 CTR 423 // 177 DTR 60(Mad.)(HC) Editorial: Decision of single judge is reversed. WP No. 37565 to 37567 of 2015 dt .22-12-2016.

S. 192 : Deduction at source–Salary-Salary of teachers of Christian Institutions paid by State Government-Teachers paying their entire salaries to Church-Salaries not diverted at source by overriding title-State Government is bound to deduct tax at source on Salaries. [S. 15]

K. V. Padmanabhan v. ACIT (2019) 412 ITR 55/ 177 DTR 262/308 CTR 724/ 255 Taxman 36 (Mag.) (Ker.)( HC)

S. 158BE : Block assessment-Time limit-Limitation starts from date of last Panchnama—Search In March 2000-Panchnama in April 2000—Assessment order On 24-4-2002—Not Barred by Limitation. [S. 132, 132(3)]

CIT v. Aristo Pharmaceuticals Pvt. Ltd. (2019) 412 ITR 112 (Bom.)(HC)

S. 154 : Rectification of mistake-Fringe benefits tax-Assessing Officer enhancing assessable fringe benefits by passing rectification order- Held to be not valid. [S. 115WE(3)]

Gopal Das Estates And Housing Pvt. Ltd. v. CIT (2019) 412 ITR 489/ 263 Taxman 8/ 176 DTR 193 (Delhi)(HC)

S. 154 : Rectification of mistake-Amount received as rent by assessee who was not owner of properties-Rent passed on to owners-Tribunal holding assessee was not liable to deduct tax at source on such rents-Plausible View-Rectification proceedings holding assessee liable to deduct tax at Source-Not justified.

Etiam Emedia Ltd. v . ITO (2019) 412 ITR 87 (MP)(HC)

S. 147 : Reassessment–Search in premises of third party– Discovery that the assessee was not a genuine company –Notice for reassessment is valid. [S. 148]

CIT v. J Jay TV Pvt. Ltd. (2019) 412 ITR 285 (Mad.)(HC)

S. 144 : Best judgment assessment–Additional ground in respect of non issue of notice u/s. 143(2) was raised first time before Appellate Tribunal – Remanding the matter to CIT(A) is held to be valid. [S. 143(2)]

Sandeep Raghunath Gupta v. DCIT (2019) 412 ITR 203 (Guj.)(HC)

S. 132 : Search and seizure-Retention of seized assets-Cash adjusted against demand on block assessment—Jewellery and fixed deposit receipts to be returned. [S. 153A]

CIT v. Eltek Sgs Pvt. Ltd. (2019) 412 ITR 41 (Delhi)(HC)

S. 80IB : Industrial undertakings-Satisfied turnover stipulations for Small-Scale Industry-No question of law. [S. 260A]

South India Corporation Ltd. v. ACIT (2019) 412 ITR 239/ 177 DTR 337 (Ker.)(HC)

S. 80IA : Industrial undertakings-Assessee has option to choose initial year- Entitled to notional carry forward of loss from that particular Year. [S. 80]