Year: 2019

Archive for 2019


CIT v. Techno Exports (2018) 171 DTR 78 (Delhi) (HC)

S. 80HHE : Export business-Computer software-Claim was not made when the return was filed-Claim was made when the amount was received–Entitle to deduction.

Clarity Gold (P) Ltd. v. PCIT (2018) 170 DTR 369 / (2019) 102 taxmann.com 421 (Raj.)(HC) Gem Mart India P. Ltd. v. PCIT ( 2018) 170 DTR 369 (Raj.)(HC)

S. 69C : Unexplained expenditure-Bogus purchases-Estimate of GP from 15% to 12% by the Tribunal is held to be justified.

R. Natvarlal Parekh v. ITO . (2018) 172 DTR 397 (Bom.)(HC)

S. 68 : Cash credits-Variation in closing balance in bank statement and debit balance in books Income—Advance received- Not proved satisfactorily–Addition is held to be justified.

PCIT v. Acquatic Remedies Pvt. Ltd. (2018) 171 DTR 426 (Bom.)(HC)

S. 68 : Cash credits-Share Capital—Survey – Bogus accommodation bills to various concerns including assessee and its sister companies—PAN no – Affidavit of investors- Acknowledgement of filing of return -Deletion of addition by the Tribunal is held to be justified.

DRB Exports Pvt. Ltd. v. CIT (2018) 169 DTR 193 / 305 CTR 95 (Cal)(HC)

S. 68 : Cash credits – Share capital- Most of the address of share holders are identical-They could not be traced despite issue of notice u/s 131 of the Act –Affidavits are similarly worded- .Addition is held to be justified. [S. 131]

PCIT v. R.F. Nangrani (HUF) (2018) 167 DTR 28 / 304 CTR 12 (Bom.)(HC)

S. 45 : Capital gains–Long term capital gains-Firm-Retirement- Amount received by retiring partner as good will is held to be not taxable as capital gains.

PCIT v. New Silk Route Advisors P. Ltd. (2018) 170 DTR 257 (Bom.)(HC)

S. 36(1)(ii) : Bonus or commission- Directors and employees- payment of bonus was part of employment agreement and it was a performance based payment—Allowable as deduction.

Cotton Textiles Exports Promotion Council v. ITO (2018) 169 DTR 141 (Bom.)(HC)

S. 11 : Property held for charitable purposes-CIT(A) can set aside an assessment order, if AO fails to comply the direction of CIT(A) in an earlier order while granting relief to the assesse. [S. 11(5) 13(1)(d), 250]

PCIT v. Arowana Consulting Ltd. (2018) 171 DTR 445 / (2019) 306 CTR 238 (Karn.)(HC)

S. 10A : Free trade zone–Total turnover–Export turn over– Deductions on freight, telecommunication and insurance attributable to delivery of computer software are to be allowed from total turnover-Eligible for exemption export should earn foreign exchange, it does not mean that undertaking should personally export goods manufactured /software developed by it outside Country.

R.M. Lakshmanan v. CIT (A) (2018) 170 DTR 140 (Mad.)(HC)

S. 10(10C) : Public sector companies-Voluntary retirement scheme –Employee of ICICI Bank –Entitle to exemption.