Month: May 2020

Archive for May, 2020


PCIT v. Bank of India (Bom)(HC)(UR)

S.115JB : Book profit – Provisions as it stood prior to its amendment by virtue of Finance Act, 2012, would not be applicable to a banking company governed by provisions of Banking Regulation Act, 1949- Companies which are not required to prepare its profit and loss account in accordance with part II & III of Schedule VI of the Companies Act , 1956 – Adjustment cannot be made. [S.115JB(2), Companies Act , 1956 , S 211(2), Banking Regulation Act, 1949]

PCIT v. The New India Assurance Co. Ltd. (2020) 114 taxmann.com 222 (Bom)(HC) Editorial: SLP granted to the revenue. (CA No. 8178 of 2019 dt.18/10/2019)(2019) 418 ITR 14(St.)(SC)/ (2020) 269 Taxman 481 (SC)

S.115JB: Book profit – Provision is not applicable when Profit & Loss is prepared in accordance with Insurance Act 1938. [S.44]

CIT v. RBS Financial Services (India) Pvt. Ltd. (2020) 421 ITR 1 / ( 2021 ) 277 Taxman 489(Bom)(HC )

S. 92C: Transfer pricing – Arm’s length price — Loan syndication fee received from associated enterprise — Tribunal remitting matter to AO – Not erroneous. [S.254(1),260A]

PCIT v. Blackstone Advisors India Pvt. Ltd, (Bom)(HC)(UR) Editorial: SLP of revenue is dismissed (SLP No.24300 of 2019 dt.04/10/2019) (2019) 418 ITR 13 (St.)(SC)/ ( 2020) 269 Taxman 484 (SC)

S.92C: Transfer pricing- International Transactions – Arm’s length price – comparable – Investment advisor or sub – advisor cannot be compared with a merchant banker or investment banker.

PCIT v. Kewal Real Estate Pvt Ltd.(Bom)(HC)(UR) Editorial: SLP of revenue is dismissed (SLP No.18492 of 2019 dt.02/08/2019)(2019) 416 ITR 129 (St.)(SC)

S. 80IB(10) : Housing projects- Complied all the conditions- Failure to complete the project attributable to the assesee- Entitle to deduction .

PCIT v. Yash Associates (2020) 423 ITR 215 (Bom) (HC) Editorial: SLP of revenue is dismissed (SLP No.18066 of 2019 dt.29/07/2019)(2019) 417 ITR 60 (St.)(SC)

S.80IB (10): Housing projects – Deduction could not be denied on the ground that project was not completed within prescribed time limit.

Teracom Ltd . v. ACIT (2020) 420 ITR 1 /113 taxmann.com 233 / 187 DTR 440/ 315 CTR 402(Bom) (HC)

S. 80IB: Industrial undertakings – Initial assessment year – Commenced manufacture in accounting year relevant to Assessment Year 2002-03 — Assessee cannot claim subsequent assessment year as year for initial deduction. [S.80IB(4), 80IB(14)]

CIT v. Hindustan Lever Ltd. (Bom)(HC)(UR) Editorial: SLP is granted to the revenue (C A No. 2015 of 2019)(2019) 413 ITR 320(St.)(SC)

S.80I : Deduction for Industrial undertaking – deduction should be given on profit without reducing the deduction u/s.80HH .[ S.80HH ]

PCIT v. Dhananjay International Ltd (2020) 114 taxmann.com 317 (Bom.)(HC) Editorial: SLP granted to the revenue. ( tagged along with 4090 of 2016 ) (CA No. 7600 of 2019, 16/09/2019)(2019) 418 ITR 17(St.)(SC) /(2020) 114 taxmann.com 351 (SC)

S.68 : Cash credits – Share Application Money -In the absence of incriminating material found during search – No addition can be made. [ S. 132, 153C ]

PCIT v. Rikin Exports (Bom)(HC)(UR) Editorial : SLP of revenue is dismissed. (SLP18517/2019 dt.24/02/2020)

S.45(3) : Foreign exchange forward contract loss – Allowable as business loss and setoff against loss. [ S.28(i) ]