Author: ksalegal

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PCIT v. Sarangpur Co-operative Bank Ltd. (2018) 258 Taxman 230 (Guj.)(HC)

S. 5 : Scope of total income -Accrual- Mercantile system of accounting -Not liable to be taxed on notional interest on non-performing assets. [ S. 145 ]

Kishindas Ramchand Nagpal. v. ACWT (2018) 408 ITR 388/ 305 CTR 91 / 170 DTR 276 (Bom) (HC)

Wealth-tax Act, 1957.
S.7: Valuation of asset —Undisclosed hundis — Valuation under Income–tax Act, 1961 cannot be adopted for purposes of wealth-tax. [ S.2(ea) ]

Abdul Rahim. v. ITSC (2018) 408 ITR 467 //305 CTR 69 / 170 DTR 145 (Mad) (HC)

S. 245D : Settlement Commission – Rejection of application on the basis of subsequent report of commissioner – Allegation of Commissioner is not rebutted – Rejection of application is held to be justified .[ S.245C, 245D(2C) ]

Sesa Resources Ltd. v. ACIT (2018) 408 ITR 527 (Bom) (HC)

S. 226 : Collection and recovery – Stay of recovery -Garnishee proceedings -When an application for stay was pending before the Commissioner, attachment of bank accounts as per office Memorandum of Central Board of Direct Taxes, 15 Per Cent. of demand recovered from Assessee — Notices was quashed and set aside- However the claim of the assessee, seeking refund of the amounts attached pursuant to such directions, was not justified and could not be granted. [ S.226(3) ]

CIT (TDS) v. OCM India Ltd. (2018) 408 ITR 369 / 305 CTR 971/ 172 DTR 369(P&H) (HC)

S. 194H : Deduction at source – Commission or brokerage – Trade discount -Not liable to deduct tax at source . [ S.201(1), 201(IA) ]

CIT (TDS) v. Dedicated Freight Corridor Corporation Ltd. (2018) 408 ITR 380 /( 2019) 173 DTR 349 /306 CTR 413(P&H) (HC)

S. 194A : Deduction at source – Interest other than interest on securities – Additional compensation paid wrongly mentioned as interest in award -Not liable to deduct tax at source .of Competent Authority.[S. 201(1), 201 (IA),Land Acquisition Act, 1894, S.23(IA) ]

Rajesh Shantilal Shah. ITO (2018) 408 ITR 485 (Guj) (HC)

S.147:Reassessment — Based on observations made by Commissioner (Appeals) in case of another person that sum not taxable in that person’s hands —Notice based on same facts in respect of later assessment – Inadequate material for reopening of assessment is set aside .[ S. 132, 143(1), 148 ]

Adani Enterprise Ltd. v. ACIT (2018) 408 ITR 453/ (2019) 261 Taxman 64 (Guj) (HC)

S.147: Reassessment-After the expiry of four years- Method of accounting -All material facts disclosed and examined by assessing Officer – Notice is quashed [ S.145A, 148 ]

Sriman Sai Securities Inv. Fin. Ltd. v. DCIT (2018) 408 ITR 397 (T&AP) (HC)

S.68:Cash credits — Share capital- Books of account , bank accounts etc were not produced -Dummies or stooges of directors of the assessee company – Failure to offer reasonable explanation — Addition is held to be justified .

Muthoot Finance Ltd. v. JCIT (2018) 408 ITR 491 / 169 DTR 272 /( 2019) 306 CTR 396(Ker) (HC)

S.36(1)(iii): Interest on borrowed capital — New line of business-Amount must have been used for acquisition of asset and asset must have been used – Interest is not allowable.