Year: 2019

Archive for 2019


Sesa Industries Ltd. v. CIT (2019) 415 ITR 257 / 264 Taxman 95/ 180 DTR 25/ 309 CTR 380 (Bom.)(HC)

S. 80IB : Industrial undertakings-Profit from sale of slag, which was a by-product in manufacture of pig iron, was to be considered as profit from business of industrial undertaking engaged in manufacture and sale of pig iron for purpose of deduction.

Ganesh Sahakari Bank Ltd. v. Government of India (2019) 264 Taxman 150 (Bom.)(HC)

S. 72 : Carry forward and set off of business losses–Return was not filed with in prescribed time–Application for condonation of delay was not filed with in permissible time limit – Rejection of application is held to be justified. [S. 119, 139(1), 254(1)]

Pooja Paper Trading Co (P.) Ltd. v. ITO (2019) 264 Taxman 260 (Bom.)(HC)

S. 69C : Unexplained expenditure–Hawala transaction-Bogus purchases–Trading in paper and paper products-Adoption of profit at 12.5 % of alleged bogus purchases is held to be justified. [S. 143(3)]

Rajiv Dass v. DCIT (2019) 414 ITR 37 / 103 taxmann.com 192 / 264 Taxman 40 (Mag.) (Delhi) (HC)

S. 54B : Capital gains – Land used for agricultural purposes– Denial of exemption on the basis of report of inspector and statement of bataidar is held to be justified. [S. 45]

CIT v. Sadiq Sheikh. (2019) 106 taxmann.com 333 / 264 Taxman 170 / 197 DTR 191/ 318 CTR 382 (Bom.)(HC)/CIT v. Sadia Sheikh (2020) 429 ITR 163 / 122 taxmann.com 39 /(2021)276 Taxman 292/ 197 DTR 191/ 318 CTR 382 (Bom.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Sadiq Sheikh. (2019) 264 Taxman 169 (SC)

S. 45 : Capital gains-Transfer- Agreement to sell flats which were yet to be constructed–No transfer has taken place during the year -Not assessable as capital gains. [S.2(47)(v), Transfer of property Act, 1881, S. 53A]

CIT v. Jagdish Prasad Gupta. (2019) 414 ITR 396 / 264 Taxman 231/ 178 DTR 403 / 311 CTR 72 (Delhi) (HC)

S. 43B : Deductions on actual payment–Provision for Licence fee -Mercantile system of accounting-S.43B(1)(g) inserted with effect from 1-4-2017 will accordingly apply to assessment year 2017-18 and subsequent assessment years. [S. 43B(1)(g), 145]

PCIT v. Welspun Steel Ltd. (2019) 264 Taxman 252 (Bom.) (HC)

S. 43(1) : Actual cost–Subsidy-Setting up new industry- Calculation of subsidy on the basis of sales tax or excise duty- Amount of subsidy was not to be deducted from actual cost for purpose of calculating depreciation etc. [S. 4, 32]

PCIT v. Hindustan Oil Exploration Company Ltd. (2019] 264 Taxman 154 /(2020)423 ITR 465 / 187 DTR 123 / 314 CTR 518 (Bom.)(HC)

S. 42 : Business for prospecting-Mineral oil–Surrender of oil blocks before commencement of commercial production would be treated as surrender for claiming deduction of oil exploration expenditure. [S. 42(1)(a)]

PCIT v. B.T. Nagraj Reddy (2019) 264 Taxman 228 (Karn.)(HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Sundry creditors shown in books of account merely on ground that assessee failed to furnish PAN or correct address of those creditors additions cannot be made.

PCIT v. Lok Advisory Services (P.) Ltd. (2019) 104 taxmann.com 67 / 264 Taxman 39 (Mag.) (Delhi) (HC)

S. 37(1) : Business expenditure–Consultancy fee-Investment research services, paid an amount to its foreign associate entity – Allowable as business expenditure.