Year: 2019

Archive for 2019


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

S. 2(22)(e) : Deemed dividend-Advance to shareholders— Interrelated group concerns—Advances given by one concern to another concern to tide over short-term financial deficiency to be treated as commercial expediency—Amount given not in nature of any loans or advances to assess as deemed dividend.

PCIT v. Mahalaxmi Infra Projects Ltd ( Bom) (HC) www.itatonline.org.

S. 80IA :Industrial undertakings – Infrastructure development- Contractor and not developer – Question of law is a substantial question of law admitted by High Court . [S. 80IA(4) , 260A ]

PCIT v. Mahalaxmi Infra Projects Ltd ( Bom) (HC) www.itatonline.org.

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Merely because period of three years expired from arising of the liability would not automatically mean that the liability has ceased – Order of Tribunal is affirmed .

PCIT v. Pukhraj S. Jain (Bom)(HC),www.itatonline.org

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Old unpaid liability for sundry creditors- Exhaustion of period of limitation may prevent filing of recovery proceedings in a Court of law, nevertheless it cannot be stated by itself that the liability to repay the amount had ceased- Addition cannot be made .

PCIT v. Mahalaxmi Infra Projects Ltd ( Bom) (HC) www.itatonline.org.

S.32: Depreciation –Installation of windmill – 80% depreciation allowed on Civil Construction ,electrical and other non integral part of installations – Held to be allowable .

Prashanti Medical Service & Research Foundation v. UOI ( 2019) 416 ITR 485/ 180 DTR 209/ 309 CTR 457 / 265 Taxman 504 (SC), www.itatonline.org

Interpretation of taxing statutes – Equity or hardship not factor to be considered in deciding validity of provision- Promissory estoppel- No estoppel against legislature . [ S.35AC, Art .142 ]

CIT v. Tata Consultancy Services (2019) 177 DTR 317 (Bom.)(HC)

S. 10A : Free trade zone – Computer software – Expenses which are to be excluded from the export turnover would also have to be excluded for the purpose of computing total turnover- Deduction rightly claimed u/s 10A instead of S.80HHE of the Act . [ S.80HHE ]

CIT of CE & Cust. v. Twenty first century wire Rods Ltd. (2019) (28) G. S. T. L 10 (Bom.)(HC)

Natural Justice-Right of cross examination is not required to be granted when the statement is not used against the assessee and matter is decided on other evidence-Non furnishing of the documents on which the reliance is being made, principle of natural justice is violated-Matter remanded.

CIT of CX. CUS & S. T. v. Bakelite Hylam Ltd. (2019) (27) G.S.T.L. 641 (SC)

Interpretation -Precedent -Recalled order cannot be relied upon as precedent.

Rajendra Shah S/o. Ambalal Shah v. State of Maharashtra (Bom.)(HC), www.itatonline.org

S. 295(4) : Directors-Professionals-Liability of professionals acting as Non-executive directors-cannot be prosecuted for offenses committed by the company.