Author: ksalegal

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CIT v. Russan Pharma Ltd. (2019) 197 taxmann.com 111 / 265 Taxman 2 (Bom.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Russan Pharma Ltd. (2019) 265 Taxman 1 (SC)

S. 10A : Free trade zone-Loss of another unit cannot be set off against the profit of unit eligible for deduction.

Satluj Shiksha Samiti v. CIT (2019) 264 Taxman 315/ 311 CTR 244 (P&H)(HC )

S. 10(23C) : Educational institution-Child education-Annual receipts from fee, interest and addition as cash credits exceeded Rs one crore–Prior approval was taken by CCIT–Denial of exemption is held to be justified. [S. 10 (23C)(iiad), 68]

PCIT v. State Bank of India ( 2019) 181 DTR 275 / (2020) 420 ITR 376/ 314 CTR 542 (Bom)(HC),www.itatonline.org

S. 28(i) : Business loss – Loss on revaluation of permanent category investments – Held to be allowable as business loss [ S.260A ]

Harish Narinder Salve v. ACIT ( 2019) 181 DTR 121 / 74 ITR 21 (SN)/178 ITD 800 ( Delhi)(Trib),www.itatonline.org

S.28(1): Business loss – Lawyer- Foreign exchange loss-Cash system of accounting -No addition is warranted [ S.145 ]

CIT v. Purshottamdas P. Patel (2019) 416 ITR 417/ 182 DTR 402 (Guj.)(HC)

S. 68(2) : Certificate issued under scheme final-Amount mentioned in certificate cannot be assessed as undisclosed income. [S. 158BC, 158BD]

Dabur Invest Corp. v. ACIT (2019) 416 ITR 282/ 181 DTR 328/ 310 CTR 591/ 266 Taxman 207 (Delhi)(HC)

S. 281B : Provisional attachment-Recovery of tax-Over 21 Per Cent. of demand already collected-Assessments concluded-No justification to continue with provisional attachment. [S. 226(3)]

N. R. Agarwal Industries Ltd. v. JCIT (2019) 416 ITR 578 / 306 CTR 153 (Guj.)(HC)

S. 277 : Offences and prosecutions-False statement–Verification– Search-Additions made in block assessment based on discrepancy in stocks —Prosecution is not valid. [S. 132, 136, 158BC, 276C(1), 278B, CRPC, 1973, S. 482, IPC 193]

Golden Gate Properties Ltd. v. Income-Tax Department DCIT (TDS) (2019) 416 ITR 399/ 265 Taxman 213 (Karn.)(HC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source–No reasonable cause was shown for delay -Launching of prosecution is held to be valid. [S.201, 278AA, 279]

P. Senthil Kumar v. CIT (2019) 416 ITR 336 (Mad.)(HC)

S. 271B : Penalty-Failure to get accounts audited–Audit report was available with AO on date of completion of assessment–Reasonable cause–Penalty not warranted. [S. 273B]

CIT v. Apollo Tyres Ltd. (No. 1) (2019) 416 ITR 519 (Ker.)(HC)

S. 260A : Appeal-High Court–Open remand-Remanding matter to AO without recording any finding–No question of law. [S. 35D, 254(1)]