Year: 2019

Archive for 2019


CIT v. Swelect Energy Systems Ltd. (2019) 412 ITR 291 (Mad.)(HC)

S. 80IA : Industrial undertakings–Apportionment of expenses between two sets of units—Deduction not exceeding gross total Income—Apportionment of expenses is valid.

CIT v. Bannari Amman Sugars Ltd. (2019) 412 ITR 69 (Mad.)(HC)

S. 80IA : Industrial undertakings-Generation of power-Eligible unit—Consolidated balance-sheet and profit and loss account- Losses of earlier years of other two units of assessee cannot be notionally brought forward and set off against profits of eligible unit. [S. 80IA(5)]

Gold Line Exports v. ITO (2019) 412 ITR 465 (Mad.)(HC)

S. 80HHC : Export business–Duty entitlement pass book credit- Entitled to take only net amount of sale value after deducting face value. [S.28(iiid)].

CIT v. Nandkishor Huaschand Jalan (2019) 412 ITR 357 (Guj.)(HC)

S. 69A : Unexplained money–Bogus purchases- Sundry creditors—Disallowance by Assessing Officer as bogus purchases—Tribunal confirming the 25% of profit embedded in credits–Held to be justified. [S. 37(1), 145]

CIT v. Amritha Cyber Park (P.) Ltd. (2019) 412 ITR 199/ 263 Taxman 546 / 180 DTR 285(Ker.)(HC)

S. 69 : Unexplained investments–Advance of rent received for premises-Unclaimed balance cannot be treated as unexplained investment or cash credits–Assessable as business income of the relevant assessment year. [S. 5, 28(i), 68]

Sivagami Roja Muthiah v. DCIT (2019) 412 ITR 299 (Mad.)(HC) Vallikannu Nagarajan v. DCIT (2019) 412 ITR 299 (Mad.)(HC)

S. 48 : Capital gains–Cost Of Acquisition—Sale of books from inherited Library—Indexation – Failure to prove cost of acquisition as on 1-4-1981—Estimation of cost of acquisition at forty per cent. of sale price is held to be justified.[S. 45]

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

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Refund of sales tax consequent on decision of High Court—Pendency of appeal before Supreme Court-Amount received assessable as income.

CIT v. Chakiat Agencies Pvt. Ltd. (2019) 413 ITR 113 / 263 Taxman 126/ 179 DTR 265/ 311 CTR 886(Mad.)(HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability -Amounts collected by shipping agent for payment to port Trust Authority for the years 1994-99—Dispute was settled by passing final order fixing the storage charges fixing the charges on January 15, 2016–there was no claim against the amount collected -Amount collected was rightly treated as income of the assessee .

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

S. 37(1) : Business expenditure—Capital or revenue-Expenditure on repair of office room—Held to be capital expenditure.

Chemplast Sanmar Ltd. v. ACIT (2019) 412 ITR 323 (Mad.)(HC)

S. 37(1) : Business expenditure–Capital or revenue–Preoperative expenditure–new line of business-Business abandoned subsequently–Allowable as revenue expenditure.