Author: ksalegal

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P. A. Jose v.UOI (2019) 410 ITR 55/ 306 CTR 568/ 174 DTR 152 (Ker)(HC)

S. 2(ea) : Asset- Cash in hand-Excess of Rs 50000- Not maintained books of account–Includible as asset- Non -productive assets- Amendment is constitutionally valid – Revision is held to be not valid when the Assessing Officer has followed the ratio of jurisdictional Tribunal. [S.25, Art 14]

Veena Devi Karnani v. ITO (2019) 410 ITR 23 (Delhi) (HC)

S. 147 : Reassessment—Notice sent to old address-Duty of Assessing Officer to access changed Permanent Account Number database of assessee—Return filed showing new address- Reassessment is held to be bad in law. [S. 144, 148, R. 127]

CIT v. Titan Industries Ltd. (2019) 410 ITR 175 (Mad.)(HC)

S. 80M : Inter corporate dividends-Dividend declared in respect of earlier financial years distributed in assessment year in question —Entitled to deduction. [S. 263]

CIT v. R.R. Industries Ltd. (2019) 410 ITR 3 (Mad.)(HC)

S. 80IA : Industrial undertakings–Infrastructure development-
Operation of Industrial Park approved by competent Authority—Entitle to deduction.

Kohinoor Enterprises v. ACIT (2019) 410 ITR 153/ 175 DTR 43 / 307 CTR 154 (J&K) (HC)

S. 69C : Unexplained expenditure – Addition was made in prior year – Addition cannot be made relevant year.

V. R. Sreekumar v. CIT (2019) 410 ITR 1 (Ker) (HC)

S. 69 : Unexplained investments-Investment was not satisfactorily explained – Addition is held to be proper. [S. 69A]

Kohinoor Enterprises v. ACIT (2019) 410 ITR 153/ 175 DTR 43 / 307 CTR 154 (J&K) (HC)

S. 68 : Cash credits-Amount outstanding for six years—Addition cannot be made for the relevant accounting year.

Pawan Kumar Garg. v. CIT (2019) 410 ITR 131 (P&H) (HC)

S. 68 : Cash credits—loan from wife-Cash was deposited on the same day that cheque for that amount was issued- Addition is held to be justified.

Narendra Kumar Sakaria v. ACIT (2019) 410 ITR 43/ 261 Taxman 513 (Mad.)(HC)

S. 68 : Cash credits — Gifts —Overseas transactions through Bank conclusive proof- Credit worthiness of donor is required to be proved.

South Indian Bank Ltd. v. CIT (2019) 410 ITR 50 (Ker.)(HC)

S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts – Schedule bank-Allowable only to the extent statutorily prescribed.