Year: 2019

Archive for 2019


Dy.CIT v. Khurana Rolling Mills P. Ltd. (2019) 73 ITR 613 (Chd.)(Trib.) Dy.CIT v. Khurana Steels Ltd. (2019)73 ITR 613 (Chd.)(Trib.)

S. 69 : Unexplained investments-Income Surrendered during survey proceedings on account of undisclosed debtors is business income and not deemed income-assessee entitled to set off of business loss against such surrendered income. [S. 28(i), 69B, 133A]

SEL Manufacturing Co. Ltd. vs. DCIT (2019) 71 ITR 343/ (2020) 206 TTJ 937 (Chd.) (Trib.)

S. 68 : Cash credits-Public issue–Global depository receipts-Failure to produce bank statement of investors–Addition cannot be made. [S. 132]

Woodcraft Export Co. P. Ltd. v. ITO (2019) 70 ITR 436 (Delhi)(Trib.)

S. 68 : Cash credits-Share Application money-Assessee incorporated in preceding assessment year and receiving share application money in instant assessment year-No unaccounted money can be invested by assesse-investors examined on oath not subjected to cross-examination by assesse-Addition is held to be not justified-Creditor denying the outstanding balance–Addition is held to be justified.

ITO v. Mahesh Gobind Dalamal (2019) 70 ITR 599 (Mum.)(Trib.)

S. 54 : Capital gains-Purchase of residential property at Dubai-No condition that investment to be made in India during year 2014-15-Entitled to exemption. [S. 45]

Deepak Nagar v. ACIT (2019)73 ITR 74 (Delhi)(Trib.)

S. 45 : Capital gains-Penny stock–Capital gains cannot be assessed as cash credits-AO failed to bring on record any part of report wherein name of assessee or his broker been named–No action was taken by SEBI against the share broker or against the assessee-Entitled to exemption. [S. 10(38), 54F, 68]

Thiruvalla East Co-Operative Bank Ltd. v. ITO (2019) 70 ITR 486 (Cochin) (Trib.)

S. 43B : Certain deductions on actual payment-Provision towards gratuity, leave salary, bonus and medical aid of retired staff-not necessary that actual payment had to be made-Deductible. [S. 40A(7)(b)(i)]

DCIT v. Terex India Pvt. Ltd. (2019) 71 ITR 259 (Delhi)(Trib.)

S. 43A : Rate of exchange-Foreign currency-Provisions are applicable for loss arising on foreign exchange fluctuations only where the capital assets are acquired from outside India-Assets were purchased in India-Loss on foreign exchange is allowable as deduction. [S. 37(1)]

ITO v. Team Front Line Ltd. (2019) 73 ITR 9 (Coch.)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-waiver of loan taken by assessee for business purposes-amount returned to profit and loss account-Assessable as business income. [S. (24), 28(iv)]

ITO v. Eylex Films Pvt. Ltd. (2019) 71 ITR 332 (Ahd.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment to film distributors for purchase of films for exhibition-Not liable to deduct tax at source-No disallowances can be made. [S. 9(1)(vi), 194J]

Amit Jindal v. Dy. CIT (2019) 70 ITR 545 (Chd.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payments liable to deduction of tax at source-Brand charges-Whether recipient of brand charges paid taxes-Assessing officer to verify documents filed by assesse-Matter remanded.