Year: 2019

Archive for 2019


Sheetal Diamonds Ltd. v. ITAT (2019) 306 CTR 339 / 173 DTR 353 / 102 taxmann.com 177 ( Bom.) (HC)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record –Concealment penalty-Quantum reduced to nil-Deletion of penalty by Tribunal-Tribunal recalled earlier order on rectification application of the revenue-Recalling of the order is held to be valid. [S. 271(1)(c)]

Krishna Developers. v. DCIT (2019) 175 ITD 86 (Mum.)(Trib.)

S. 253 : Appellate Tribunal–Delay of 107 days-No affidavit of Chartered Accountant was filed–Delay was not satisfactorily explained–Appeal was dismissed being barred by limitation. [S. 254(1)]

Sony India (P) Ltd. v. ITAT (2019) 306 CTR 305 / 173 DTR 321 (Delhi ) (HC) Sony Mobile Communications India (P) Ltd. v. ITAT (2019) 306 CTR 305 / 173 DTR 321 (Delhi)(HC)

S. 226 : Collection and recovery-Stay–Pendency of appeal before Appellate Tribunal-Transfer pricing adjustments–Respondents were directed not to enforce the demand and also not to adjust the refund amounts due and payable during the pendency of appeal before the Tribunal–Tribunal is directed to complete the hearing as expeditiously as possible and under no circumstances beyond 31st March, 2019. [S. 220, 254(1), Art. 226]

Rajan Bhatia v CBDT (2019) 306 CTR 561 / 261 Taxman 255/ 174 DTR 145 (Delhi)(HC)

S. 115BBDA : Dividend received from domestic companies, tax on- Constitutionally valid and not arbitrary – Petition was dismissed. [S.10(34), 115BA, 115-0, Art. 14]

Innoviti Payment Solutions (P.) Ltd. v. ITO (2019) 175 ITD 10/ 178 DTR 332/199 TTJ 626 (Bang.)(Trib.)

S. 56 : Income from other sources-Fair market value of shares- Direct Cash Flow (DCF) method-Valuation done by Chartered Accountant is rejected–Failure to prove projection / estimation was done on scientific method-Matter was to be restored to AO who would scrutinize valuation report and, adopt own valuation if not satisfied with explanation of assessee; however, basis of valuation would be DCF method and he could not change method of valuation which was opted by assessee. [S.56(2)(viib), 11UA(b)]

2M Power Health Management Services (P.) Ltd. v. ITO (2019) 175 ITD 64 (Bang.)(Trib.)

S. 56 : Income from other sources-Compulsory cumulative convertible Preference Shares (CCCPS) at huge premium-Voting right on various resolutions–Matter restored to CIT(A) to consider all terms of issue of preference shares and decide a fresh in terms of rule 11UA. [S. 56(2)(viib), R.11UA(2)(a)]

Parswanath Padmarajaiah Jain. v. ACIT (2019) 175 ITD 55 (Bang.) (Trib.)

S. 54F : Capital gains-Investment in a residential house- purchasing land before period of one year prior to sale of another capital asset- Not entitle to exemption. [S. 45]

Tum Nath Shaw. v. ACIT (2019) 175 ITD 45 (Kol.)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability–Difference between creditors recorded in his books vis-a-vis balance in books of creditors-Sales and purchases not doubted–Addition is held to be not justified.

Tum Nath Shaw. v. ACIT (2019) 175 ITD 45 (Kol.)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits -Purchase of jaggery from farmers- Disallowance is held to be not justified. [R. 6DD]

Unitec Marketing Services. v. ACIT (2019) 175 ITD 90 (Mum.) (Trib.)

S. 40(b)(v) : Amounts not deductible–Partner–Remuneration– Book profit-Despite quantum not specified in partnership deed remuneration paid to partners is held to be allowable.