Author: ksalegal

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PCIT v. Montage Enterprises Pvt. Ltd. (2018) 409 ITR 185 / 305 CTR 444/ 171 DTR 70 (Delhi)(HC)

S. 254(1) : Appellate Tribunal–Duties-Reversal of findings of fact of Assessing Officer by Tribunal without recording reasons and also not deciding the cross appeal filed by the department- Matter remanded to Tribunal for fresh adjudication. [S. 80IB]

CIT v. Motif India Infotech (P.) Ltd. (2018) 409 ITR 178 (Guj.) (HC)

S. 195 : Deduction at source-Non-resident-Payment for technical services rendered outside India–Amendment with retrospective effect from 1-4-1962- Not liable to deduct tax at source. [S.9(1)(1) (vii)]

Aravali Kshetriya Gramin Bank v. ACIT (2018) 409 ITR 242 (Raj.)(HC)

S. 147 : Reassessment—Notice issued based on overruled judgment is illegal and improper. [S. 43D, 148]

CIT v. Santech Solutions Pvt. Ltd. (2018) 409 ITR 301 (Mad.)(HC)Editorial: SLP dismissed due to low tax effect, PCIT v. Santech Solutions Pvt. Ltd ( 2019) 263 Taxman 248 (SC)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts- Reassessment is bad in law. [S. 148]

CIT v. Goldman Sachs Services P. Ltd. (2018) 409 ITR 268 (Karn) (HC)

S. 92C : Transfer pricing–Arm’s length price–Comparable- Working capital adjustment–Question of fact–No substantial question of law. [S. 260A]

Kailash Swaroop Agarwal v. CIT (2018) 409 ITR 210 (Raj.)(HC)

S. 68 : Cash credits—Credit entries in bank account is not explained satisfactorily–Genuineness of transaction is not proved -Order of Tribunal confirming the addition is held to be justified. [S. 69A]

CIT v. Eco Auto Components Pvt. Ltd. (2018) 409 ITR 202 (P&H) (HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Liability continued to be shown in balance-sheet — Addition cannot be made as deemed income.

CIT v. Eco Auto Components Pvt. Ltd. (2018) 409 ITR 202 (P&H) (HC)

S. 36(1)(vii) : Bad debt–Sums written off in books of an assessee is sufficient to claim the bad debt and assessee is not required to prove the recoverability of debt.

Unifac Management Services (India) Pvt. Ltd. v. DCIT (2018) 409 ITR 225/ (2019) 260 Taxman 60/ 175 DTR 5 / 307 CTR 168 (Mad.)(HC)

S. 36(1)(va) : Any sum received from employees–EPF-ESI-Contribution from employees has to be paid within due date as per particular enactment-Disallowance is held to be justified. [S. (2924)(x), 43B]

CIT v. Eco Auto Components Pvt. Ltd. (2018) 409 ITR 202 (P&H)(HC)

S. 35DDA : Amortisation of expenditure – Voluntary retirement scheme -Deduction relating to Financial Year 2000-01, Being Fifth Year deduction is available.