Author: ksalegal

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PCIT v. The Executor of Estate of Late Smt. Manula A. Shah ( Bom)(HC),www.itatonline.org

S. 50C: Capital gains-Full value of consideration – Stamp valuation-The valuation of the stamp authority cannot be adopted for the purpose of collecting capital gain tax in the hands of the assessee, if there is a long gap between the date of execution of the MOU and the execution of a formal development agreement.[ S.45, 269UL(3) ]

CIT v. Pragathi Gramina Bank ( 2018) 91 taxmann.com 343 ( Karn) (HC) Editorial: SLP of revenue is dismissed , CIT v. Pragathi Gramina Bank ( 2018) 259 Taxman 219 ( SC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Provision for doubtful debt- Burden is revenue to prove that excess provision for bad and doubtful debt written back in profit and loss account was allowed as deduction in previous years -Deletion of addition is held to be justified [ S. 36(1)(viia) ]

PCIT v. State Bank of Patiala ( 2018) 99 taxmann.com 285 / 259 Taxman 315 ( P& H) (HC) Editorial: SLP of revenue is dismissed , PCIT v. State Bank of Patiala ( 2018) 259 Taxman 314( SC)

S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot exceed exempt income [ S. 263 ,R.8D ]

PCIT v. R. G. Buildwell Engineers Ltd ( 2018) 99 taxmann.com 283 / 259 Taxman 371 ( Delhi) (HC) Editorial: SLP of revenue is dismissed , PCIT v. R. G. Buildwell Engineers Ltd ( 2018) 259 Taxman 370 (SC)

S.37(1): Business expenditure – Ad hoc disallowance of 10% claim – Bricks, machinery repairs, cartage , labour expenses- No ad hoc disallowances can be made without rejecting the books of account and also allowed in the past consistently such expenses in scrutiny assessments . [ S.143(3), 144 ]

PCIT v. Lark Chemicals ( P) Ltd ( 2018) 99 taxmann.com 311/259 Taxman 366 (Bom) (HC) Editorial: SLP of revenue is dismissed , PCIT v. Lark Chemicals ( P) Ltd ( 2018)259 Taxman 265 ( SC)

S. 147 : Reassessment –Order passed consequent to reassessment had not confirmed the addition attributable to the reasonable belief of the Assessing Officer, while passing the reassessment order – Reassessment is held to be bad in law.[ S.148 ]

PCIT v. Century Textiles & Industries Ltd ( 2018)167 DTR 105 / 99 Taxmann.com 205/ 259 Taxman 361 ( 2019) 412 ITR 228 (Bom) (HC) Editorial: SLP of revenue is dismissed, PCIT v. Century Textiles & Industries Ltd ( 2018) 408 ITR 59 (St)/ 259 Taxman 360 ( SC)

S. 147 : Reassessment – Change of opinion- Income from other sources -AO has consciously considered the claim for deduction u/s 80IC in the regular assessment proceedings – Accordingly reassessment is held to be not valid .[ S.80IC, 148 ]

QX KPO Services ( P) Ltd v. Dy. CIT ( 2018) 94 taxmann.com 467/ 2019) 414 ITR 429 ( Guj) (HC) Editorial: SLP of revenue is dismissed ,Dy.CIT v. QX KPO Services ( P) Ltd ( 2018) 259 Taxman 31/ 408 ITR 73 (St) (SC)

S. 147 : Reassessment – Export oriented undertakings – Where in the course of original assessment proceedings the Assessing Officer has raised several queries and allowed the claim-Reassessment cannot be made to examine another facet of said claim.[ S.10B, 148 ]

CIT v. Rama Educational Society ( 2018) 99 taxmann.com 281/ 259 Taxman 369 ( All) (HC) Editorial: SLP is granted to the revenue , CIT v. Rama Educational Society ( 2018) 259 Taxman 368 (SC)

S. 12AA : Procedure for registration –Trust or institution- In the absence of any cogent material or evidence to establish any violation of provisions of S. 12AA(3),cancellation of registration retrospectively is held to be not justified [ S.11, 12AA(3) ]

CIT v. Om Metals Infraprojects Ltd ( 2018) 99 taxmann.com 228 / 259 Taxman 355 ( Raj) (HC) Editorial: SLP of revenue is dismissed , CIT v. Om Metals Infraprojects Ltd ( 2018) 259 Taxman 354 (SC)

S. 4 : Charge of income-tax -Capital-Revenue- Amount received by assessee from assigning its business rights is held to be capital receipts . Amount is also not to be included in computing book profits . [ S.155JB, 263 ]

CIT v. Nirmal Kumar Agarwal ( 2018) 99 taxmann.com 291/ 259 Taxman 320 ( Raj) (HC) Editorial: SLP is granted to revenue , CIT v. Nirmal Kumar Agarwal ( 2018) 259 Taxman 320 (SC)

S. 69 :Unexplained investments -Investment in immovable property- Merely on the basis of statement u/s 132(4) during the course search proceedings additions cannot be made- Order of Tribunal deleting the addition is affirmed . [ S.132(4) ]