Year: 2019

Archive for 2019


DCIT v. Shashiben Rajendra Makhijani (2019) 174 ITD 581 (Ahd.)(Trib.)

S. 268A : Appeal–Tax in dispute less than 20 lakhs–Appeal of revenue is dismissed. [S. 253]

Sushila Devi Malu (Smt.) v. ITO (2019) 174 ITD 627 (Bang) (Trib.)

S. 249 : Appeal – Commissioner (Appeals) – Admitted tax as per return of income -Requirement of paying admitted tax before filing appeal is directory -When defect is removed, earlier defective appeal becomes valid. Accordingly the matter was remanded to CIT(A). [S. 249(4)]

DCIT v. Mehul T. Desai (2019) 174 ITD 584 (Surat)(Trib.)

S. 144 : Best judgment assessment-Unaccounted receipts–loose papers – Search –Only net profit to be added as income and not gross receipts. [S. 69A, 145]

Mukand Ltd. v. ITO (2019) 174 ITD 605 / 198 TTJ 894/ 176 DTR 156 (Mum.)(Trib.)

S. 115JB : Book profit-Waiver of principal and interest-One time settlement-Disclosed in notes’ to Auditors Report- obligatory on part of Assessing officer to have considered same while determining book profit-Matter remanded – Prior period adjustment- Justified in rejecting claim of deduction in respect of prior period adjustments . [Companies Act, 1956, S. 211(6)]

DCIT v. Piramal Realty (P.) Ltd. (2019) 174 ITD 633/ 198 TTJ 999 / 176 DTR 242 (Mum.) (Trib.)

S. 68 : Cash credits–Share premium-High premium-Transaction cannot be doubted–Addition is held to be not justified.

Govind Gangadhar Sabane v. ITO (2019) 174 ITD 577 (Pune) (Trib.)

S. 54F : Capital gains-Investment in a residential house– Deduction cannot be denied only on the ground that bills and vouchers were not produced, when the inspector had visited the site and reported the construction of new house. [S. 45]

DCIT v. Nimish Kalyanbhai Vasa (2019) 174 ITD 562 / 199 TTJ 989/ 178 DTR 401 (Ahd.)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation – Jantri value/circle rate of land was not higher than sale price agreed by assessee with purchaser, deeming provisions of could not be invoked. [S. 45, 48]

Mukand Ltd. v. ITO (2019) 174 ITD 605 / 198 TTJ 884 / 176 DTR 156(Mum.)(Trib.)

S. 37(1) : Business expenditure-Interest paid to income -tax department on delayed payment of Tax deduction at source is allowable as deduction, it is not personal tax. [S. 40(a)(ii)]

DCIT v. Piramal Realty (P.) Ltd. (2019) 174 ITD 633 / 198 TTJ 999/ 176 DTR 242 (Mum.) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Advance to subsidiary- Commercial expediency-Corporate strategy -Disallowance of part of interest is held to be not justified.

DCIT v. Piramal Realty (P.) Ltd. (2019) 174 ITD 633/ 198 TTJ 999 / 176 DTR 242 (Mum.) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income – No disallowance can be made in the absence of any exempt income earned during the year . [R. 8D]