Author: ksalegal

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CIT v. Suvas Hitendra Barot (2019) 108 taxmann.com 58 / 265 Taxman 231 (Guj.)(HC) Editorial: SLP of revenue is dismissed CIT v. Suvas Hitendra Barot (2019) 265 Taxman 230 (SC)

S. 69 : Unexplained investments–AO has not established the any such unaccounted investments – Order of Tribunal is affirmed. [S. 260A]

Royal Rich Developers (P.) Ltd. v. PCIT (2019) 265 Taxman 99 (Mag.)(HC)

S. 68 : Cash credits–Share application money-Share premium-Failure to produce share investors-Initial burden is not discharged-Addition is held to be justified.

Dy.CIT v. Pushpak Merchants (P) Ltd. (2019) 108 taxmann.com 174/ 265 Taxman 433 (Chhatisgarh) (HC) Editorial : SLP of revenue is dismissed, DCIT v. Godavari TIE UP (P.) Ltd. (2019) 265 Taxman 432 (SC)

S. 68 : Cash credits–Bank deposits–Bank statement was produced before appellate authorities–Deletion of addition is held to be valid.

Bairappa Krishnappa v. CIT(A) (2019) 265 Taxman 446 (Karn.) (HC)

S. 68 : Cash credits–Loans-Confirmation was filed–Matter remanded to the AO. [S. 254(1)]

CIT v. Salgaocar Mining Industries (P.) Ltd. (2019) 265 Taxman 317 (Bom.) (HC)

S. 37(1) : Business expenditure-Contribution to State Government towards construction of a bridge-Allowable as revenue expenditure.

CIT LTU v. Nuclear Power Corpn. of India Ltd. (2019) 108 taxmann.com 310 / 265 Taxman 554 (Bom) (HC) Editorial : SLP of revenue is dismissed ,CIT LTU v. Nuclear Power Corpn. of India Ltd. (2019) 265 Taxman 553 (SC)/ 416 ITR 126 (St.)(SC)

S. 36(1)(iii) : Interest on borrowed capital-Interest paid on decommissioning cost recovered from customers was rightly allowed as deduction-No substantial question of law. [S. 260A]

PCIT v. Krome Planet Interiors (P.) Ltd. (2019) 265 Taxman 308 / (2020) 423 ITR 62 (Bom.)(HC) (Editorial : Raj Dadarkar & Associates (2017) 394 ITR 592 (SC) is distinguished)

S. 28(i) : Business income–Income from house property–Leasing of shops in a mall along with various other facilities-Assessable as business income and not as income from house property. [S. 22]

CIT(E) v. Pratham Institute for Literacy Education & Vocational Training. (2019) 108 taxmann.com 312 / 265 Taxman 547 (Bom.)(HC) Editorial: SLP of revenue is dismissed , CIT ( E) v. Pratham Institute for Literacy Education & Vocational Training. (2019) 265 Taxman 546 (SC)/ 416 ITR 127 ( St) (SC)

S. 12AA : Procedure for registration–Trust or institution-Object of assessee trust was to conduct work in area of research, studies, training, education, health etc.-Charitable in nature–Entitle to registration. [S. 2(15)]

CIT v. Beant College of Engineering & Technology. (2019) 265 Taxman 449 (P & H) (HC)

S. 12AA : Procedure for registration–Trust or institution-A assessee is free to avail registration under any alternative provision if more than one alternatives were available-Rejection of application is held to be not valid. [S. 10(23C)(iiad)]

CIT ( E) v. Kanakia Art Foundation. (2019) 265 Taxman 281 (Bom.)(HC) (Editorial : Order in Kanakia Art Foundation v. Dy.CIT (2015) 59 taxmann.com 468/ 39 ITR 53 (Mum.)(Trib.) is affirmed)

S. 12AA : Procedure for registration–Trust or institution-Object to help of literary persons of different aptitudes or classes, plays written in different languages could be converted in to dramas or episodes or T.V. Plays–Cannot be regarded as commercial in nature –Denial of registration is not justified. [S. 2, 15, 12A.)