Year: 2019

Archive for 2019


ACIT v. KMS Associates P. Ltd. (2018) 67 ITR 245 (SMC) (Delhi) (Trib.)

S. 147 : Reassessment-Share capital-Cash credits-Accommodation entries-No specific evidence–Reassessment is held to be in valid. [S.68, 148]

ACIT v. Surbhi Sen Jindal (2018) 68 ITR 12 (SN) (Patna)(Trib.)

S. 153C : Assessment-Income of any other person–Search-Satisfaction note recorded by the AO of assessee was not by the AO of person in respect of whom search was conducted–Seized document not relevant to assessment year-Notice is void ab initio and vitiates entire assessment proceedings. [S. 132]

Sri Sri Gruhanirman India Pvt. Ltd. v. ACIT (2018) 67 ITR 178 (Hyd.)(Trib.)

S. 153A : Assessment–Search-Real estate business-Suppression of turnover – Future sales on unsold plots on date of search cannot be brought to tax – No incriminating materials found during search- Assessment is not valid.[S. 132]

Tata Petrodyne Ltd. v. ACIT (2018) 68 ITR 38 /( 2019) 197 TTJ 951/ 176 DTR 313(Mum.)(Trib.)

S. 115JB : Book profit-Computation under clause (f) of explanation 1 to section 115JB is to be made without resorting to computation as contemplated u/s. 14A of the Act- Only those investments are to be considered for computing average value of investment which yielded exempt income during the year- Matter remanded. [S. 10(35),14A, R.8D]

Rajasthan State Industrial Development & Investment Corporation Ltd v. DCIT (2018) 195 TTJ 35 (Jaipur)(Trib.)

S. 80IA : Industrial undertakings–Infrastructure development- Interest, penal interest and miscellaneous income which cannot be separated from the business activity of developing, maintaining and operating industrial parks/ SEZ units are eligible for deduction

ACIT v. R. J. Corp Ltd. (2018) 67 ITR 339 (Delhi)(Trib.)

S. 73 : Losses in speculation business -Loss in investment in shares- Not engaged in business of trading in shares -Explanation to S.73 is not applicable -loss is allowable. [S. 45]

ACIT v. Shree Ganesh Developers (2018) 68 ITR 47 (SN)(Mum.)(Trib.)

S. 68 : Cash credits–Loan -Received by account payee cheque-Repaid by account payee cheque–Established genuineness of the transaction and creditworthiness of the lenders-Additions cannot be made.

ACIT v. N. S. Viswanathan (2018) 67 ITR 307 (Cochin)(Trib.)

S. 54F : Capital gains-Investment in a residential house-two residential units purchased at two different localities. Exemption was restricted to only investment in one residential house property. [S. 45]

ACIT v. Shri Shrey Sharma Guleri Prime Chhanel Software Communications P. Ltd. (2018) 64 ITR 67 (SN) (Mum.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Capital gains arising from sale of basement of a building which was used for habitable purposes was within purview of a residential flat-Entitle to exemption.[S. 45, 54]

Rajasthan State Industrial Development & Investment Corporation Ltd. vs. DCIT (2018) 195 TTJ 35 (Jaipur) (Trib.)

S. 37(1) : Business expenditure-Expenditure incurred for providing training through Apparel Training and Development center, being in the nature of Corporate Social Responsibility (‘CSR’) expenses is not allowable as a deduction.