Author: ksalegal

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Innovative Foods Ltd. v. UOI (2018) 409 ITR 415 (Ker.)(HC)

S. 147 : Reassessment—Within four years-Deduction allowed without discussion in original assessment — Reassessment on the ground that excess deduction was allowed is held to be valid. [S. 148]

Tractors and Farm Equipment Ltd. v. ACIT (2018) 409 ITR 369 /( 2019) 175 DTR 312/ (2020) 314 CTR 490(Mad.) (HC)

S. 147 : Reassessment-Beyond four years-Explanation 3, to S.147 by Finance (No. 2) Act, 2009-After issuing a notice under S. 148, he accepts the contention of the assessee and holds that the income which he has initially formed a reason to believe had escaped assessment, has as a matter of fact not escaped assessment, it is not open to him independently to assess some other income-If he intends to do so, a fresh notice under S.148 would be necessary- Assessing Officer has no power to reassess other income not mentioned in notice under S 148. [S. 148]

CIT v. TTK LIG Ltd. (2018) 409 ITR 390 (Mad.)(HC)

S. 80HHC : Export business-Income derived-Profits due to exchange fluctuation and provision written back–Entitle to deduction.

CIT v. Ceebros Hotels Pvt. Ltd. (2018) 409 ITR 423/( 2019) 261 Taxman 41 (Mad.)(HC)

S. 35AD : Deduction in respect of expenditure on specified business-Hotel business- Certification of Hotel as three-Star Category Hotel in subsequent year-Deduction cannot be denied on the ground that Certification was in later year. [S. 35D(5)(aa)]

CIT v. Gujarat State Fertilizers And Chemicals Ltd. (2018) 409 ITR 378 (Guj.)(HC)

S. 28(i) : Business loss-Fertiliser Bonds Issued By Central Government In Lieu of subsidy-Sale of Bonds at price Lower than face value-Loss is allowable as business Loss.

Calibre Financial Services Ltd. v. ITO (2018) 409 ITR 410/ ( 2019) 260 Taxman 201 (Mad.)(HC)

S. 28(i) : Business loss- Capital or revenue-Investment in shares as Stock-in-trade-Consistency method-Loss is allowable as business loss. [S. 45]

CIT v. Shreno Ltd. (2018) 409 ITR 401/( 2019) 261 Taxman 239 (Guj.)(HC)

S. 14A : Disallowance of expenditure – Exempt income – Recording of satisfaction- Mixed funds – Maxopp Investment Ltd. v. CIT (2018) 402 ITR 640 (SC) does not lay down a proposition that the moment it is demonstrated that the assessee had availed of mixed funds, i. e., interest-free as well as interest bearing funds and utilized them for making investments into securities earning tax-free income and the rest applicability of section 14A read with rule 8D would be automatic Resorting to the method prescribed under rule 8D is not automatic-Deletion of addition by the Tribunal is held to be justified. [R. 8D]

CIT v. Gujarat State Fertilizers And Chemicals Ltd. (2018) 409 ITR 378 (Guj.)(HC)

S. 14A : Disallowance of expenditure-Exempt income – Mixed funds-Having sufficient own funds–No disallowance can be made. [R. 8D]

Pallavarajha v. CIT (2018) 409 ITR 282/ 176 DTR 115/ 311 CTR 451 (Mad.)(HC)

S. 264 : Commissioner-Revision of other orders–Appeal filed was withdrawn–Revision application is maintainable-Writ petition is maintainable against the revision order -Sale of agricultural land-In the assessment of Co-owner the land was accepted as agricultural land–Rejection of revision application was held to be not valid–Matter remanded. [S. 45, 264(4)(a)]

Prime Chem Oil Ltd. v. ACIT (2018) 409 ITR 309 (Raj.)(HC)

S. 254(1) : Appellate Tribunal – Duties- Reassessment —Tribunal reversing decision of Commissioner (Appeals) without cogent reasons — Order of Tribunal is held to be not valid. [S. 147]