Year: 2019

Archive for 2019


CIT v . Citrix R&D India (P.) Ltd. (2019) 104 taxmann.com 84/262 Taxman 276 (Karn)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Citrix R&D India (P.) Ltd. (2019) 262 Taxman 275 (SC)

S. 10A : Free trade zone-Export turnover–Total turnover-while computing amount of deduction expenditure incurred in foreign currency that was deducted from export turnover, had to be deducted from total turnover.

Shrivardhan Mohta v. UOI (2019) 175 DTR 161/307 CTR 396/102 taxmann.com 273 (Cal.)(HC) Editorial: Refer Black money Act, Circulars, clarification etc. (2015) 375 ITR 1(St), ( 2015) 374 ITR 35(St),( 2015) 375 ITR 97(St), (2015) 375 ITR 128(St), (2015) 378 ITR 8 (St)

S. 50 : Punishment for failure to furnish return of income- Where the assessee did not disclose its foreign assets in the course of search as well as in the settlement commission proceedings, he was liable to prosecution under the provisions of Black Money Act. [S. , 55, 71 , ITA, S.153A, ]

PCWT v. Hemant Vitthal Waje (2019) 175 DTR 41/ 307 CTR 216 (Bom.)(HC)

S. 18(1)(c): Penalty –Concealment -Difference of opinion between the assessee and the department with respect to the valuation of the property is not a ground for levy of penalty.

PCWT v. Taradevi Ratanlal Bafna (2019) 174 DTR 201/ 307 CTR 331 (Bom.)(HC)

S. 2(ea) : Assets–Commercial establishments or complexes- Exception provided in S. 2(ea)(i)(5) covers all commercial establishments, whether they have one unit or more. [S.2(ea)(i)(5)]

PCIT v. Phoenix Mills Ltd. (2019) 175 DTR 433/307 CTR 700 (Bom.)(HC)

S. 271AAA : Penalty – Search initiated on or after 1st June, 2007 – Manner of earning the undisclosed income to be given in the statement under 132(4) only if a question is asked to that effect- Deletion of penalty is held to be justified . [ S.132(4) ]

Oil India Ltd. v. P CIT (2019) 175 DTR 185/ 307 CTR 403 /103 taxmann.com 339 (Gau.)(HC)

S. 263: Commissioner – Revision of orders prejudicial to revenue –
-Doctrine of merger- Where 80-IC deduction was originally denied by the AO on one ground which was subject matter of CIT(A) and the disallowance was deleted by CIT(A)-CIT could not invoke revision jurisdiction to deny the deduction on another ground. [S.80IC ]

PCIT v. HDFC Bank Ltd. (2019) 174 DTR 92 (Bom.)(HC)

S. 158BD : Block assessment – Undisclosed income of any other person – To hand over the seized material to the AO of the said person to proceed u/s. 158BC-No substantial question of law .. [S. 158BC, 260A]

Pawan Sood v. ITO (2019) 175 DTR 217 /307 CTR 452 (All.)(HC)

S. 147 : Reassessment – Change of opinion- Reassessment in the absence of any new material on record amounts to change of opinion- Reassessment proceedings to be quashed. [ S.148 , 154]

Samson Maritime Ltd. v. Dy. CIT (2019) 175 DTR 25 / (2020) 314 CTR 887 (Bom.)(HC)

S.147: Reassessment-With in four years- In the absence of assessee’s failure to disclose facts, reassessment was to be quashed. [ S.148 ]

State Bank of India v. ACIT (2019) 175 DTR 335/103 taxmann.com 164/310 CTR 560/ 418 ITR 485 (Bom.)(HC)

S. 147 : Reassessment – After the expiry of four years- Outstanding creditors for more than 10 years –Capital gains- Where the assessee had made the due disclosure, assessment could not be reopened after four years from the end of the Assessment year. [S. 41(1), 45, 115-O]