Year: 2019

Archive for 2019


CIT v. Purshottamdas P. Patel (2019) 416 ITR 417/ 182 DTR 402 (Guj.)(HC)

S. 68(2) : Certificate issued under scheme final-Amount mentioned in certificate cannot be assessed as undisclosed income. [S. 158BC, 158BD]

Dabur Invest Corp. v. ACIT (2019) 416 ITR 282/ 181 DTR 328/ 310 CTR 591/ 266 Taxman 207 (Delhi)(HC)

S. 281B : Provisional attachment-Recovery of tax-Over 21 Per Cent. of demand already collected-Assessments concluded-No justification to continue with provisional attachment. [S. 226(3)]

N. R. Agarwal Industries Ltd. v. JCIT (2019) 416 ITR 578 / 306 CTR 153 (Guj.)(HC)

S. 277 : Offences and prosecutions-False statement–Verification– Search-Additions made in block assessment based on discrepancy in stocks —Prosecution is not valid. [S. 132, 136, 158BC, 276C(1), 278B, CRPC, 1973, S. 482, IPC 193]

Golden Gate Properties Ltd. v. Income-Tax Department DCIT (TDS) (2019) 416 ITR 399/ 265 Taxman 213 (Karn.)(HC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source–No reasonable cause was shown for delay -Launching of prosecution is held to be valid. [S.201, 278AA, 279]

P. Senthil Kumar v. CIT (2019) 416 ITR 336 (Mad.)(HC)

S. 271B : Penalty-Failure to get accounts audited–Audit report was available with AO on date of completion of assessment–Reasonable cause–Penalty not warranted. [S. 273B]

CIT v. Apollo Tyres Ltd. (No. 1) (2019) 416 ITR 519 (Ker.)(HC)

S. 260A : Appeal-High Court–Open remand-Remanding matter to AO without recording any finding–No question of law. [S. 35D, 254(1)]

Daimler India Commercial Vehicles P. Ltd. v. DCIT (2019) 416 ITR 343/ 183 DTR 92/(2020) 313 CTR 44 (Mad.)(HC)

S. 260A : Appeal-High Court-Pendency of petition for rectification before Tribunal is not relevant to decide the maintainable of appeal before High Court.[S. 254(2)]

PCIT v. Ankit Metal and Power Ltd. (2019) 416 ITR 591/ 182 DTR 333/ 266 Taxman 237/ 311 CTR 369 (Cal.) (HC)

S. 254(1) : Appellate Tribunal-Powers-Claim for deduction which is not made in return or revised return-Tribunal has power to allow deduction.[S. 139(1), 139(5)]

Ultratech Cement Ltd. v. CCIT (2019) 416 ITR 449/ 311 CTR 7 (Bom.)(HC)

S. 234C : Interest-Deferment of advance tax–Waiver of interest– Demerger of business-Advance tax payment made by demerged company after appointed date-Resulting company entitled to waiver of Interest.[S. 119]

CIT v. Malayil Bankers. (2019) 416 ITR 322/( 2020) 185 DTR 347 / 314 CTR 568 (Ker.)(HC)

S. 158BC : Block assessment–Undisclosed income–Telescoped– Tribunal remanding the order is held to be erroneous- Addition made by the AO is held to be valid. [S. 132, 254(1)]