Year: 2019

Archive for 2019


Central U.P. Gas Ltd. v. Dy.CIT (2019) 106 taxmann.com 370 / 264 Taxman 283 (All.)(HC) Editorial : SLP is granted to the revenue CIT v. Central U.P. Gas Ltd. (2019) 264 Taxman 282 (SC)

S. 80IA : Industrial undertakings-Manufacture-Activity of compression of natural gas into CNG amounted to manufacture-Entitle to exemption. [S. 2(29BA)]

Sunil Balasubramaniam Shankar v. ITO (2019) 265 Taxman 7 (Mag.) (Mad.)(HC)

S. 69C : Unexplained expenditure–Bogus purchases-Alleged use of five credit cards by friends–In response to summons the friends refused use of cards–Addition is held to be justified. [S. 131]

PCIT v. Synbiotics Ltd. (2019) 265 Taxman 34 (Mag.) (Guj.)(HC)

S. 69C : Unexplained expenditure–Bogus purchases-Tribunal is justified in restricting addition on account of alleged bogus purchases to 25 per cent.

PCIT v. Dharmaja Infrastructure (2019) 265 Taxman 125 (Guj.)(HC)

S. 69B : Amounts of investments not fully disclosed in books of account–Addition cannot be made merely on the basis of stamp valuation adopted by Stamp authority. [S. 45, 50C]

H. Abuthahir v. DCIT (2019) 265 Taxman 9 (Mag.) (Mad.)(HC)

S. 69A : Unexplained money–Purchase and sale of gold on behalf of other parties-Identity of purchasers was not established– Addition on estimate basis of 3.5% of turnover is held to be justified as against 1% disclosed by the appellant.

PCIT v. Adamine Construction (P.) Ltd. (2019) 107 taxmann.com 84 / 264 Taxman 280 (Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Adamine Construction (P.) Ltd. (2019) 264 Taxman 279 (SC)

S. 68 : Cash credits–Share application money-Income tax returns, balance sheet, confirmations were produced-Deletion of addition is held to be justified. [S. 131]

CIT v. Vaani Estates (P.) Ltd. (2019) 264 Taxman 310//310 CTR 12 / 180 DTR 90 / 264 Taxman 310 / (2020) 429 ITR 64 (Mad.)(HC)

S. 56 : Income from other sources–Issue of shares at premium-Fair market value of shares-AO has to undertake exercise of determining fair market value of shares-Matter remanded. [S. 56 (2)(viib), 119]

PCIT v. Vernan (P.) Trust (2019) 107 taxmann.com 432 / 265 Taxman 158 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Vernan (P.) Trust. (2019) 265 Taxman 157 (SC)

S. 45 : Capital gains–Business income-Sale of shares-Shares settled by settlor – Shares received by way of Employee Stock Option Plan-Assessable as capital gains and not as business income-Entitle to exemption. [S. 10(38), 28(i)]

PCIT v. NEO Sports Broadcast (P.) Ltd. (2019) 264 Taxman 323 (Bom.)(HC)

S. 40A(2) : Expenses or payments not deductible–Excessive or unreasonable-TV broadcasting right of cricket match-Cancellation of one match and addition of another match-Addition of price difference in broadcasting rights of matches cannot be made.

PCIT v. Cricket Club of India. (2019) 265 Taxman 95 (Bom.)(HC)

S. 37(1) : Business expenditure–Capital or revenue-Fixing of MS sliding gates, different pipes for sprinkler system in main ground, excavation of soil, purchasing of LED replay screen, electric materials etc., for upgrading stadium in accordance with ICC Standards, is revenue in nature.