Author: ksalegal

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Amol C. Shah (HUF) v .ITO (2020 ) 423 ITR 408 /274 Taxman 519 ( Bom) (HC)

S.45: Capital gains- Surrender of tenancy rights – Assessable as capital gains and not as income from other sources – Invested in capital bonds is eligible for exemption u/s 54EC of the Act .[ S.48 , 54EC ,56 ]

Rajesh Prakash Timlo v. PCIT ( Bom) (HC) (UR) Vidya Rajesh Timlo v. PCIT ( Bom) (HC) (UR)

S. 264 :Commissioner – Revision of other orders –Income from sale of property is shown as short term capital gains- Revision application made to assessee the income as business income [ S.5A, 28(i),45(2), 143(1) ,Portuguese Civil Code , Art .226 ]

PCIT v ITD CEM INDIA JV (Bom) (HC) (UR)

S. 254(1) : Appellate Tribunal – Duties -Strictures – Disallowance of administrative expenses- Matter remanded to the Tribunal following the earlier year order. [ S.40(a)(ia) , 40(b)(a), 194C ]

Nandkishor Education Society v CIT ( Bom) (HC) (UR)

S. 254(1) : Appellate Tribunal – Duties- Delay of 253 days in filing the appeal before the Tribunal is condoned – Directed the assessee to deposit Rs 10000 / with the Maharashtra State Legal Services Authority and submit receipt of the same before the Office the Tribunal – Directed the Tribunal to decide on merit [ S.12A(3), 253 ]

Teleperformance BPO Holdings Pvt Ltd v ACIT ( Bom) (HC) ( UR)

S.226: Collection and recovery – Modes of recovery –Pendency of appeal before CIT(A) – CIT(A) is directed to hear the appeal with on four weeks from the date of the receipt of an authenticated copy of the order- Stay proceedings were stayed . [ S. 179, 226(3) ]

Deepak Kochhar v UOI ( Bom) (HC) (UR)

S. 143(3) :Assessment – Capital -Revenue – Share premium- -Reassessment –Addition is made on account of share premium , without issuing show cause notice and without following the principle of natural justice -Income from other sources- Alternative remedy is available – Directed to file an appeal with in four weeks . [ S. 4, 56(1) , 148 ,246A, Art .226 ]

CIT v. IDBI Ltd ( Bom) (HC) (UR)

S. 147 : Reassessment – After the expiry of four years- No failure to disclose material facts which are necessary for assessment – Order of Tribunal is affirmed .[ S.14A, 40(a)(ia),115JB ,148,194J ]

PCIT v . Aristo Pharmaceuticals P.Ltd (2020)423 ITR 295/ 187 DTR 388 ( Bom) (HC)

S. 115WA: Fringe benefit tax – Relationship of employer and employee – Free medical samples distributed to doctors is in the nature of sales promotion – Not liable to pay fringe benefit tax .[ S.115WG ]

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 Sadhana Builders Pvt. Ltd. ( Bom) (HC) (UR)

S. 80IB(10) : Housing projects- Completion of project- Partial construction of project – Eligible for exemption .