Author: ksalegal

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Lilavati Kirtilal Mehta Medical Trust v. CIT (2019) 178 ITD 338/ 201 TTJ 227 / 181 DTR 233 (Mum.)(Trib.)

S. 12AA : Procedure for registration –Trust or institution- Violation of provisions of S.13 cannot be the ground forfeit exemptions u/s 11, 12 of the Act and cancellation of registration-Order cancellation of registration was set aside. [S. 11, 12, 12A, 13]

DCIT(IT) v. K.E. Faizal. (2019) 178 ITD 383 (Cochin)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Security–Shares-Sale of units of equity linked mutual funds and derived short term capital gain (STCG)-Exempt to tax in India – DTAA–India–UAE [S.5(2), Indian Companies Act, 2013, S.2(84), Securities Contract (Regulation) Act, 1956. Art. 3(2), 13(4)]

ACIT v. Bulland Buildtech (P.) Ltd. (2019) 178 ITD 790 (Delhi)(Trib.)

S. 268A : Appeal–Monetary limit-Revised/enhanced minimum threshold limit of tax effect of Rs. 50 lakhs vide CBDT Circular No. 17/2019 dated 8-8-2019 is applicable not only for appeals to be filed by revenue in future but also for appeals already filed by revenue. [S. 253]

DCIT v. Genex Industries Ltd. (2019) 178 ITD 855 (Chd.)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)–Powers–Additional evidence–Cash credits–Share application money-Deletion of addition accepting fresh evidence, without giving an opportunity to the AO– Violation of Rule 46A(3) is liable to be set aside. [S. 68, 254(1), R.46A]

Hirsh Bracelet India (P.) Ltd. v. ACIT (2019) 178 ITD 601 (Bang.) (Trib.)

S. 71 : Set off of loss-One head against income from another- Unabsorbed depreciation is deemed to be current year’s depreciation and can be set off against capital gain. [S. 32(2), 45]

Dinesh H. Valecha v. DCIT (2019) 178 ITD 701 (Mum.)(Trib.)

S. 69B : Amounts of investments not fully disclosed in books of account–Seized paper–Matter remanded. [S. 132 , 153A, 292C]

ITO v. Bhagwat Marcom (P.) Ltd. (2019) 178 ITD 684 (Kol.) (Trib.)

S. 68 : Cash credits–Share application money–Issue of shares at premium-Journal entries–No inflow of cash-Deletion of addition is held to be justified. [S. 131]

Dinesh H. Valecha v. DCIT (2019) 178 ITD 701 (Mum.)(Trib.)

S. 57 : Income from other sources-Deductions–Interest from bank-Bank charges-Failure to establish directly related to earning of interest income from banks. [S. 56, 57(iii)]

DCIT v. Jain Housing (2019) 178 ITD 814 (Chennai)(Trib.)

S. 56 : Income from other sources–Gift- Difference in valuation in fair market value of property and value adopted by the AO is less than 1%-deletion of addition is held to be justified. [S. 56(2)(viia)]

Aavishkar Film (P.) Ltd. v. ITO (2019) 178 ITD 613 (Mum.)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-When an assessee objects for stamp valuation–AO is bound to make reference to DVO for determination of value of property-Matter remanded. [S.45, 50C(2)]