Year: 2019

Archive for 2019


CIT v. Babbar Charitable Trust. (2019) 106 taxmann.com 159 / 264 Taxman 30 (All)( HC) Editorial: SLP of revenue is rejected, CIT v. Babbar Charitable Trust. (2019) 264 Taxman 29 (SC)

S. 80G : Donation-Charitable activities–Application of u/s. 80G(5) cannot be rejected when registration continued. [S. 11AA, 12A, 80G(5)]

PCIT v. Rahul Uday Tuljapurkar (2019) 264 Taxman 36/ 180 DTR 132/ 310 CTR 800 (Bom.)(HC)

S. 54 : Capital gains-Profit on sale of property used for residence-Ownership of land-Housing complex was situated on a piece of land which was occupied by Co-operative Housing Society under a long term lease- Exemption cannot be denied in respect of sale of flat in a society. [S. 45]

PCIT v. Matrix Cellular International Service (P.) Ltd. (2019) 106 taxmann.com 125 / 264 Taxman 2 (Delhi)(HC) Editorial : SLP of revenue is rejected, PCIT v. Matrix Cellular International Service (P.) Ltd. (2019) 264 Taxman 1 (SC)

S. 37(1) : Business expenditure-Advertisement expenses-Held to be revenue expenditure.

PCIT v. Panchmahal Steel Ltd. (2019) 106 taxmann.com 131 / 264 Taxman 20 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Panchmahal Steel Ltd. (2019) 264 Taxman 19 (SC)

S. 32 : Depreciation-Unabsorbed depreciation-Set off of- Benefit of carry forward and set off of unabsorbed depreciation for assessment year 1997-98 is allowed against income of assessment year 2005-06. [S. 32(2)]

PCIT v. Ashok Apparels (P.) Ltd. (2019) 264 Taxman 50/(2020)423 ITR 412 (Bom.) (HC)

S. 14A : Disallowance of expenditure-Exempt income-Interest free funds were utilized for making exempt investment-No disallowance can be made.[R. 8D].

CIT v. Bombay Presidency Gold Club Ltd. (2019) 264 Taxman 55/ 182 DTR 454/ 311 CTR 578 (Bom.)(HC)

S. 11 : Property held for charitable purposes-Golf facilities to its members for promotion of sport-No element of activity of being in nature of trade, commerce or business-Interest earned from banks or financial institutions on investment of surplus funds arising from charitable activities was exempted from tax. [S. 2(15)]

CIT v. Takshila Education Society (2019) 264 Taxman 72/ 178 DTR 182 (Patna)(HC)

S. 11 : Property held for charitable purposes-Educational Institution-Res judicata-Denial of exemption is held to be not justified. [S. 10(23C)(vi), 12AA]

PCIT v. Ashok Apparels (P.) Ltd. (2019) 264 Taxman 50/(2020)423 ITR 412 (Bom.) (HC)

S. 4 : Charge of income-tax-Bonus shares–Cannot be assessed as income.

Johns Biwheelers v. ACIT (2019) 70 ITR 325 (Cochin)(Trib.)

S. 271B : Penalty-Failure to get accounts audited–Audit report is made available before completion of assessment–No loss to revenue–Levy of penalty is held to be not valid. [S. 44AB]

Soni Ashokkumar Maganlal v. ACIT (2019) 70 ITR 409 (Ahd.) (Trib.) Soni Hiralal Mangal v. ACIT (2019) 70 ITR 409 (Ahd.)(Trib.) Soni Kamlesh Mangal v. ACIT (2019) 70 ITR 409 ( Ahd.)(Trib.)

S. 271(1)(c) : Penalty–Concealment-Share capital with premium- Detection by investigation wing- Survey-Filing of revised return after survey is not with bonafide intention-Levy of penalty is held to be justified.