Author: ksalegal

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CIT v. Itochu India Pvt. Ltd. (2019) 414 ITR 521/ 180 DTR 334/ 310 CTR 430/ 266 Taxman 17 (Mag.) (Delhi)(HC)

S. 92C : Transfer pricing-Arm’s length price-Net margin method-Free on board value of contract cannot be included in operating cost- No question of law. [S. 92D, R.10B(1)(e)]

CIT v. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 / 265 Taxman 354 (Bom.)(HC) Editorial : SLP of revenue is dismissed CIT v. Phoenix Mecano (India) Pvt. Ltd (2018) 402 ITR 32 (ST).

S. 92 : Transfer pricing-Arm’s length price-Arm’s Length Price to be restricted to transaction of assessee with associated enterprise.[S. 92C]

PCIT v. Sadhana Builders Pvt. Ltd. (2019) 414 ITR 561 (Bom.)(HC)

S. 80IB(10) : Housing projects-Project was completed before March 31, 2009-Two building project was handed over to land lord for further development-Allowing the claim is exemption is held to be justified.

CIT v. Vodafone Mobile Services Ltd. (2019) 414 ITR 276/ 183 DTR 277 / 311 CTR 588 (Delhi)(HC)

S. 80IA : Industrial undertakings–Telecommunication services- Income from sharing fibre cables and cell-sites was income by way of leasing-Late fees and reimbursement of cheque dishonour charges received from parties-Eligible for deduction. [S. 80IA(2A)]

K. P. Abdul Majeed v. ACIT (2019) 414 ITR 531 / 180 DTR 249 / 310 CTR 261(Ker.)(HC)

S. 68 : Cash credits–Peak addition-Hawala transaction-Money laundering can also be for oneself-Information from Enforcement Directorate—Refusing to own up accounts- Burden is not discharged–Addition is held to be justified. [S. 69, 69A]

CIT v. Sidhi Vinayak Metcon Ltd. (2019) 414 ITR 402 (Jharkhand) (HC)

S. 68 : Cash credits—Share application money—Received by cheques- Details furnished–Burden is discharged-Failure by department to investigate identity of shareholders and genuineness of transactions—Addition is held to be not justified.

CIT v. Hazarilal Goyal (Deceased) (2019) 414 ITR 565 (Raj)(HC) Editorial: SLP of revenue is dismissed CIT v. Hazarilal Goyal (Deceased)( 2018) 406 ITR 32 (St)

S. 45 : Capital gains–Business income-Sale of land assessable as capital gains. [S. 4, 28(i)]

PCIT v. Haryana State Industrial and Infrastructure Development Corporation Ltd. (2019) 414 ITR 632/ 183 DTR 244 / 311 CTR 603/108 taxmann.com 540/ 266 Taxman 9 (Mag) (P&H) (HC)

S. 45 : Capital gains–Business income-Profit on sale of investment is assessable as capital gains. [S. 10(38), 28(i)]

CIT v. Harrisons Malayalam Ltd. (2019) 414 ITR 344/ 183 DTR 302 / 266 Taxman 414/ 311 CTR 802(Ker.)(HC)

S. 45 : Capital loss-Loss on sale of shade tree–Capital loss allowed to be carried forward.

ACIT v. Salauddin. (2019) 414 ITR 335 (Pat.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source- Rejection of Books of account-Estimation of profit @ 8% of turnover—No disallowance can be made u/s. 40 of the Act. [S. 145(3)]