Year: 2019

Archive for 2019


DCIT v. Bhaijee Portfolio Pvt. Ltd. (2019) 73 ITR 403 (Delhi)(Trib.)

S. 148 : Reassessment – Notice – Where notice for reopening issued by AO prior to approval by CIT, the reassessment is bad in law [ S.147 ]

Anshuman Ghosh v. ITO (2019)73 ITR 685 (Luck.)(Trib.)

S. 148: Reassessment – Time Limit for issue of notice – Reopening notice invalid once the time limit to reopen has expired.[S.147 , 149(1)(b), 150, 250 ]

Ankit Metal and Power Ltd. v. JCIT (2019)73 ITR 374 (Kol.)(Trib.)

S.143(3) : Assessment -Natural justice – Case remitted back as principles of natural justice were violates and opportunity of cross examination not given. [ S.131 ]

Anidhi Impex Pvt. Ltd. v. ITO (2019)73 ITR 379 (Mum.) (Trib.)

S. 143(2) : Assessment – Notice – If the notice was not served upon a person authorised to receive it, the notice cannot be said to be validly served and consequently the assessment is void. [ S.282(1)]

Bobcards Ltd v. ACIT (2019) 73 ITR 1 (Mum) (Trib)

S. 115JB : Book profit – Deduction of provision for card receivables written back not added in computation of Book Profits in the year of provision-Entitle to deduction of write back while computing he book profit.

Approva Systems Private Ltd v. Dy. CIT (2019)73 ITR 219 / 180 DTR 438(Pune)(Trib.)

S. 92C: Transfer pricing – Comparables – Assessee is not barred in law from withdrawing from its list of comparables during assessment which were included by the assessee during benchmarking.

Dy. CIT v. Sumeet Agarwal (2019) 73 ITR 148 (Jodh.)(Trib.) Dy.CIT v.. Avinash Modi (2019) 73 ITR 148 (Jodh.)(Trib.) Dy.CIT v. Kuldeep Modi (2019) 73 ITR 148 (Jodh.)(Trib.) Dy.CIT v. Jain Mining And Equipment (2019) 73 ITR 148 (Jodh.)(Trib.)

S. 68 : Cash credits – Credit entry in bank account of third party- Credit cannot be treated as undisclosed income in absence of evidences corroborating statement of parties .[ S.131 ]

Bharat Serums and Vaccines Ltd. v. ACIT (2019)73 ITR 205/181 DTR 321 (Mum.)(Trib.)

S. 55 : Capital gains – Capital receipt -Cost of improvement – Cost of acquisition – ‘Know-how under development’ does not created a right – If the know-how is not registered, no rights are conferred – Cost of acquisition of will be not ascertainable-As computation mechanism fails, capital gains will not be chargeable.[ S. 35, 41(3) ,45, 55(2)(a) ]

Agencies Rajasthan P. Ltd. v. ITO (2019)73 ITR 633 / 179 ITD 90(Jaipur) (Trib.)

S. 37(1) : Business expenditure – Disallowance of part of employee benefit expenses is held to be not justified.

ACIT v. AB Capital(2019)73 ITR 23(Kol.)(Trib.)

S. 37(1) : Business expenditure – Ad hoc disallowance- Promotion expenses- Disallowance on Ad hoc basis is held to be not valid – . Disallowance of part of Salary and wages is held to be not justified .