Year: 2019

Archive for 2019


Velankani Information Systems Ltd. v. DCIT (2018) 173 ITD 19 /172 DTR 356/ 196 TTJ 1128(Bang.) (Trib.)

S. 37(1) : Business expenditure–Income -tax -Delay in payment of tax deduction at source- Interest paid under S. 201(1A) is in nature of tax and not allowable as business expenditure. [S. 2(43), 40(ii), 201(IA )]

Velankani Information Systems Ltd. v. DCIT (2018) 173 ITD 19/172 DTR 356/ 196 TTJ 1128 (Bang.) (Trib.)

S. 37(1) : Business expenditure–Penal interest-Service tax- Payment of interest on delayed remittances of services tax is only compensatory in nature and would not be in nature of penalty which would be hit by Explanation to S.37(1).

Sonu Realtors (P.) Ltd. v. DCIT (2018) 173 ITD 82 (Mum) (Trib.)

S. 23 : Income from house property – Annual value -Vacancy allowance- When property had remained let out for a period of 36 months, and thereafter could not be let out and had remained vacant during whole of year under consideration, but had never remained under self-occupation of assessee, ‘annual value’ of said property was to computed at nil. [S. 23(1)(a), 23(1)(c)]

Swami Vivekanand Education Society v. CIT (E) (2018) 173 ITD 101 (Chd.)(Trib.)

S. 12A : Registration –Trust or institution-Educational trust- Registration could not be denied on ground that assessee should have sought approval under S. 10(23C)(vi) of the Act. Matter remanded to CIT (E), in accordance with law. [S. 10(23C)(iiiad), 10(23C(vi)]

Council of the Instiute of Chartered Accounts of India v. Ashok Kumar ( 2018) 252 Taxman 129 ( Delhi) (HC)

S.22: Professional misconduct- SEBI and disciplinary committee of ICAI found respondent guilty of several irregularities in public issu of a company – Removal of his name from register of members of ICAI for a period of one year , reference was accepted .

Principal Officer, L.G. Electronics Inc. v. ADIT (IT) ( 2018) 255 Taxman 77/168 DTR 426 / 304 CTR 109 / 101 CCH 273 (SC) Editorial: Order in Principal Officer, L.G. Electronics Inc. v. ADIT (IT)(2014) 368 ITR 401/226 Taxmann 204/271 CTR 663 (All.)(HC) is set aside.

S.147 : Reassessment – Notice – Non-resident – Permanent-establishment – Tax deduction at source – Survey –Reassessment proceedings was held to be valid by High Court -Subsequent finding of DRP that there was no permanent of assessee in India , AO has dropped reasssement proceedings- Order passed by High Court up holding validity of proceedings was set aside- DTAA–India–Korea. [S.148, Art. 5 ]

CIT( E) v. Santokba Durlabhji Trust Fund ( 2018) 93 taxmann.com 324 ( Raj)(HC) Editorail: SLP is garnted to the revenue , CIT( E) v. Santokba Durlabhji Trust Fund ( 2018) 93 taxmann.com 325 (SC)

S. 13 : Denial of exemption-Trust or institution- Investment restrictions -Shares received by way of gift failed to dispose off or convert said shares in to permissible investments – Denial of exemption is to be restricted to only income earned from shares to be taxed at marginal rate under S.164(2) and not on entire income of the assessee.[ S. 11,13(1)(d) (iii),164(2) ]

CIT v. India Motor Parts & Accessories Ltd ( 2018) 255 Taxman 132 ( Mad)(HC)

S.37(1): Business expenditure -Granting monetary benefit to legal heir of a former employee on the basis of resolution passed by the cpmpany is allowable as business expenditure .

CIT v. Arvind Products Ltd ( 2018) 255 Taxman 472 ( Guj) (HC)

S.37(1): Business expenditure – Capital or revenue- Product development expenses -Expenditure incurred improving quality of existing products – Held to be allowable as revenue expenditure .

Charishma Hotels ( P) Ltd v. ITO ( 2018) 255 Taxman 187/ 305 CTR 621/ ( 2019) 410 ITR 96 ( Karn) (HC)

S. 220 : Collection and recovery – Assessee deemed in default – Stay- Revenue authorities cannot pass an order mechanically referring the instruction no 1914 dt. 21-03 1996,directing the Assessee to pay 20 percent of amount during pendency of appeal before CIT (A)- Order of PCIT is set aside and reamnded to the PCIT to reconsider the application of stay and decide in accordance with law .[ S.251 ]