Year: 2019

Archive for 2019


Chhattisgarh State Cricket Sangh v. DCIT (2019) 177 ITD 393/ 200 TTJ 242 (Raipur)(Trib.)

S. 12AA : Procedure for registration–Trust or institution-Object of promoting sport of cricket –Object of general public utility-Entitle to exemption [S. 2(15)].

DIC Fine Chemicals (P.) Ltd. v. DCIT (2019) 177 ITD 672 / 183 DTR 204/ 202 TTJ 372 (Kol.) (Trib.)

S. 10AA : Special economic zones-Export–Entitle to deduction stand alone basis–Deduction cannot be denied only on the ground that non filing of audit report along with the return.[S. 80A(5)]

ITO v. Asha Vimla (Smt.) (2019) 74 ITR 1 (Cochin) (Trib.)

S. 10(37) : Capital gains-Agricultural land–Compensation received on compulsory acquisition – Price fixed upon negotiation–Entitle to exemption. [S. 45, Land Acquisition Act, S. 4, 6, 9]

PJSC Stroytransgaz v. DCIT (2019) 177 ITD 538 (Delhi)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection–Water supply augmentation project and oil pipeline project etc- Payment received during year was attributable to PE in India, same was taxable as business profit-DTAA-India–Russia [Art. 7, 12]

DCIT v. Chukkapalli Mallikarjuna. (2019) 177 ITD 582 (Vishakha) (Trib.)

S. 5 : Scope of total income–Salary-Seafarer–Rendered services outside India- Salary is not taxable in India. [S. 15]

ITO v. Chiripal Poly Films Ltd. (2019) 177 ITD 441/ 202 TTJ 317 / 184 DTR 162 (Mum.) (Trib.)

S. 4 : Charge of income-tax -Deposit with a bank to avail credit facilities for importing equipments for setting up new plant- Interest earned was to be treated as capital receipt. [S. 56].

Annapurna Mishra. (Smt.) v. ITO (2019) 177 ITD 496 (Cuttack) (Trib.)

S. 2(14) : Capital asset–Capital gains-Land acquisition–Compensation received from land acquisition under National High Ways Act, 1956 is exempt from tax-Matter remanded to the AO to decide the matter after taking in to consideration issued by CBDT [National High Ways Act, 1956, RFCTLARR Act, 2013]

2019 Digest – January to September

Digest – 2019 – Direct taxes – Section wise – January – 3-9-2019

Virendra Ramanlal Soni. v. DCIT (2019) 414 ITR 722 (Guj)(HC)

Prohibition Of Benami Property Transactions Act, 1988,
S.2(9) (c ) : Benami transaction — Notice and attachment- High demonitised notes – Preliminary objection not raised in reply to show-cause notice — No statutory provision for passing of separate order against objections raised — Provisions not pari materia with reassessment under Income-tax law — Objection of assessee is unsustainable. [S. 19(1)(g) ,24(2), 24(3) , ITAct, S.147 148,153A ]

L. S. Bhikam Chand Jain. v. ITO (2019) 414 ITR 738 (Mad)(HC)

S. 254(1) : Appellate Tribunal – Duties- Estimate of cost of construction-Income from undisclosed sources – Order passed confirming the addition without assigning the reasons is held to be not justified .[ S.69 ]