Year: 2019

Archive for 2019


Maharashtra Academy of Engineering And Educational Research v. ITO (2017) 51 CCH 728 / (2018) 163 DTR 153 / 191 TTJ 784 (Pune) (Trib.)

S. 271(1)(c) : Penalty–Concealment-Cancellation of registration-Not specifying specific charge whether concealment of income or inaccurate particulars of income-Levy of penalty is held to be not justified-Disallowance of part expenses–Expenditure on foreign tour – Foreign travel expenses of trustees-Credit card expenses–Payment to relatives- Levy of penalty is held to be justified. [S.10(23C)(vi), 11, 12 , 13(1)(c)]

NKG Infrastructure Ltd. v. PCIT (2018) 171 DTR 385 / 196 TTJ 393 (Delhi)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue– AO to restrict disallowance to a certain percentage which was less than entire amount of such bogus purchases—Revision is held to be not valid. [S. 153A]

Neha Home Builders (P) Ltd. v. CIT (2018) 169 DTR 106 / 195 TTJ 506 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Non-Jurisdictional High Court-Revision is not possible. [S.80IB(10), 115JB]

Meenu Bansal v. PCIT (2018) 54 CCH 352 / 172 DTR 212 / 196 TTJ 788 (Chd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue– Income from house property-Capital gains-Revision order was quashed on the ground that, to justify exercise of power vested by Statute u/s. 263, it was incumbent upon PCIT to demonstrate that at time of investment, property was not a residential property and in terms of Explanation 2(a), PCIT was required to demonstrate that order passed was without making enquiries or investigation. [S. 45, 143(3)]

Rajasthan State Industrial Development & Investment Corporation Ltd . v. ACIT ( 2018) 193TTJ 18 (UO) (Jaipur)(Trib.)

S. 244A : Refunds–Interest on refunds–Month-Assessee had paid taxes and such taxes were refunded, assessee was to be paid interest at prescribed rate for every month or part of month comprising period from date of payment of tax to date on which refund was granted. If such period is a fraction of a month, the same shall be deemed to be a full month and the interest shall be calculated for the entire month accordingly. [General Clauses Act. S.3(35)]

Sonalac Paints & Coatings Ltd. v. DCIT (2018) 167 DTR 83 / 194 TTJ 771 (Chd.)(Trib.)/Nagapal Trading Co v .Dy CIT ( 2018) 167 DTR 83/ 194 TTJ 771 (Chd)(Trib)

S. 234E : Fee-Default in furnishing the statements-Fees levied u/s. 234E prior to 01.06.2015 in intimations made u/s. 200A was directed to be deleted. [S. 200A]

Morgan Stanley Investment Management (P) LTD. v. DCIT(2017) 160 DTR 19 (2018) 191 TTJ 365 (Mum.)(Trib.)

S. 234C : Interest-Deferment of advance tax-There was no tax due on returned income and hence, no interest could be levied.

Rajasthan State Mines & Minerals Ltd. v. ACIT (2018) 196 TTJ 768 / (2019) 174 DTR 383(Jaipur)(Trib.)

S. 234A : Interest-Default in furnishing return of income-Taxes deposited before filing the return of income is more than the taxes finally determined on regular assessment, interest is not leviable.

Kashmir Steel Rolling Mills v. DCIT (2018) 169 DTR 137 / 195 TTJ 125 (Asr.)(Trib.)

S. 154 : Rectification of mistake–Refund of excise duty –Interest subsidy – Capital receipt. [S.145A]

Kailash Sharma v. ITO (2017) 49 CCH 545 / (2018) 163 DTR 130/ 192 TTJ 488 (Asr.) (Trib.)

S. 147 : Reassessment-Notice issued in the name of individual- Sanction was obtained in the name of firm-Reassessment is held to be bad in law –Not curable defects. [S. 148, 292BB]