Author: ksalegal

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Uma Saini (Smt.) v. ITO (2019) 178 ITD 352 (Chd.)(Trib.)

S. 80JJA : Bio-degradable waste-Collecting and processing– Matter remanded for disposal in light of report given by a Chemical Expert Certifying as to whether contents of two products manufactured by assessee namely ‘bio-pesticides’ and ‘bio-fertilizers’ were distinct or not. [S. 254(1)]

3F Oil Palm Agrotech (P.) Ltd. v. ACIT (2019) 178 ITD 319 (Hyd.)(Trib.)

S. 80IB(11A) : Undertaking-Business of processing, preservation and packing of fruits or vegetable eligible-Business of extraction of oil from oil palm by different processes and preservation of oil under adjusted temperature and then packaging of oil in large containers or tanks, could be said to be from business of processing, preservation and packing of fruits or vegetable eligible for deduction.

Zirconia Cera Tech Glazes v. DCIT (2019) 178 ITD 526 (Ahd.)(Trib.)

S. 69A : Unexplained money–Addition made merely on the basis of show cause notice by Excise department for alleged under valuation of shares is held to be not valid. [S. 148]

Pankil Garg v. PCIT (2019) 178 ITD 282 (Chd.)(Trib.)

S. 56 : Income from other sources–HUF-Gift- Amount received as gift from ‘HUF’, being its member, is a capital receipt not liable to tax- Precedent – CIT is bound to follow the order of Tribunal-Revision is held to be not valid. [S. 4, 10(2), 56(2)(vii), 263]

Sameer Suneja v. ACIT (2019) 178 ITD 498 (Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Purchase of offices spaces–Possession not taken–Interest paid is held to be not allowable as deduction.

Jai Pal Gaba v. ITO (2019) 178 ITD 357/ 179 DTR 237 (Chd.)(Trib.)

S. 28(iv) : Business income-Value of any benefit or perquisites- Converted in to money or not-Perquisites-Waiver of loan amount under one time settlement could not be said to be benefit or perquisite arising from business–Not taxable-Waiver of loan amount, which was not claimed as deduction by assessee in earlier years, would not amount to cessation of trading liability- Waiver of loan could not be said to be without consideration hence cannot be taxes as income from other sources. [S .41(1), 56(2)(vi)]

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]