Year: 2019

Archive for 2019


Jindal Metal Co. v. PCIT (2019) 260 Taxman 220/ 176 DTR 299/ 308 CTR 180 (Delhi)(HC)

S. 264 : Commissioner-Revision of other orders–Filed after expiry period of limitation- justified in dismissing the petition. [S. 143(3), 147]

PCIT v. State Bank of Saurashtra (2019) 260 Taxman 194 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Interest income – Accrual- No failure to disclose material facts–Reassessment is bad in law. [ S. 5, 148]

ACIT v. Dharmnath Shares & Services (P.) Ltd ( 2018) 94 taxmann.com 458 /(2019) 410 ITR 431 ( Guj) (HC) Editorial: SLP of revenue is dismissed, ACIT v. Dharmnath Shares & Services (P.) Ltd. (2019) 260 Taxman 174/ 409 ITR 4 (St) (SC)

S. 148 : Reassessment–Merged with another company-Notice issued in name of assessee became invalid and quashed [S. 147].

PCIT v. Rajesh Kumar (2019) 260 Taxman 216 (Delhi)(HC)

S. 68 : Cash credits- Trade creditors- Deletion of addition is held to be justified on facts. [S. 260A]

PCIT v. Business Match Services (I) (P.) Ltd. (2019) 260 Taxman 190 (Bom.)(HC)

S. 45 : Capital gains- Business income- Short term capital gains- Taken delivery of shares and used own funds–Assessable as capital gains and not as business income. [S. 28 (i)]

PCIT v. Plastene India Ltd. (2019) 260 Taxman 197 (Guj.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source Usance interest-Letter of credit discount charges-Merely in nature of reimbursement of cost incurred by suppliers under agreed arrangements and not interest- Not liable to deduct tax at source. [S. 2(28A, 194A]

PCIT v. Organizing Committee Hero Honda FIH World CUP ( 2018) 100 taxmnn.com 440/ 260 Taxman 180 ( Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Organizing Committee Hero Honda FIH World CUP. (2019) 260 Taxman 179 (SC)

S. 40(a)(ia) : Amounts not deductible – Deduction at source – Reimbursement of expenses – Federation of International Hockey for arranging for provisional services connected with event of Hockey World Cup–Not liable to deduct tax at source. [S. 9(1)(i), 195]

PCIT v. Business Match Services (I) (P.) Ltd. (2019) 260 Taxman 190 (Bom.)(HC)

S. 37(1) : Business expenditure-Consultancy services – Foreign travelling expenditure of representative – Allowable as business expenditure.

Shree Krishana Kripa Feeds v. CIT (2019) 410 ITR 533/ 260 Taxman 337/ 307 CTR 220/ 175 DTR 18 (P&H)(HC)

S. 69 : Income from undisclosed sources—Bogus purchases- Purchases were not part of sales shown by the assessee- Bogus purchase for suppressing the profits of the business- Addition is held to be justified.

Shree Krishana Kripa Feeds. v. CIT (2019) 410 ITR 533/ 260 Taxman 337/ 307 CTR 220/ 175 DTR 18 (P&H)(HC)

S. 68 : Cash credits—Unsecured loans-Explanation was not satisfactory – Addition is held to be justified.