Author: ksalegal

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Vodafone Idea Ltd. v. DCIT (2018) 259 Taxman 168 /(2019) 306 CTR 67/ 173 DTR 63(Bom.)(HC)

S. 139 : Return-Processing of return-Refund-Return filed by assessee had been forwarded to CPC by Assessing Officer-In such circumstances, CPC should take a decision as regards computation in 4 weeks-Not the Assessing Officer. [S. 237]

Alay Rakesh Shah v. DIT (2018) 259 Taxman 189 (Guj)(HC)

S. 132 : Search and seizure-Illegal search-Karta of HUF had initiated litigation against alleged illegal search action of department on HUF at relevant time, a member of HUF individually could not restart same litigation long many years after cause of action had arisen. [S. 158BC, Art. 226]

CIT v. Vaibhav Gems Ltd ( 2017) 88 taxmann.com 12 (Raj.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Vaibhav Gems Ltd. (2018) 259 Taxman 130 (SC)

S. 92C : Transfer pricing-Arm’s length price-Adjustment of interest-Foreign subsidiary-Corporate guarantee-Loan to Associated Enterprises- Delay in realizing sale proceeds from Associated Enterprises – Adjustment should be made at average LIBOR rate existing at that time, i.e., at 0.79 per cent, instead of LIBOR +2 per cent. [S. 92B]

CIT v. Ansal Properties & Industries. (2018) 259 Taxman 103 /170 DTR 225/( 2019) 308 CTR 510(Delhi) (HC)

S. 69C : Un explained expenditure-Cash payments-Slips found during search-Since there was no material to substantiate assumption that slips denoted amounts outside cash book of assessee, addition was held to be not justified. [S. 132]

CIT v. Lodha Builders. (2018) 259 Taxman 87 (Raj)(HC) Editorial: SLP of revenue is dismissed,CIT v. Lodha Builders. (2018) 259 Taxman 86 (SC)

S. 69 : Undisclosed investment -Deletion of addition by the Tribunal is held to be appreciation of evidence -No substantial question of law. [S. 260A ]

CIT v. Ansal Properties & Industries. (2018) 259 Taxman 103/170 DTR 225/( 2019) 308 CTR 510 (Delhi)(HC)

S. 69 : Unexplained investments–Cash payments-diary seized from sister concern -Since no other evidence was recorded during search nor concerned person against whose name entry in diary appeared was examined, said addition was to be deleted. [S. 132(4)]

PCIT v. Adamine Construction (P.) Ltd. (2018) 99 taxmann.com 44 259 Taxman 132 (Delhi)(HC) Editorial : SLP of revenue is dismissed ,PCIT v. Adamine Construction (P.) Ltd. (2018) 259 Taxman 131 (SC)

S. 68 : Cash credits- Bank details and other particulars were furnished–Merely on the basis of report addition cannot be made -Deletion of addition is held to be justified. [S. 260A]

CIT v. Hiren Dand v. CIT (2018) 259 Taxman 82 / 98 taxmann.com 427 (Bom.)(HC) Editorial : SLP of revenue is dismissed; CIT v. Hiren Dand (2018) 259 Taxman 81 (SC)

S. 45 : Capital gains-Business income-Sale of shares-Only 10 scripts-Assessable as capital gains. [S. 28(i)]

Madhav Govind Dhulshete. v. ITO (2018) 259 Taxman 149 (Bom.)(HC )

S. 40A(3) : Expenses or payments not deductible – Cash payments exceeding prescribed limits-Payment made to notified dealer- District Supply Officer’s order did not mandate any mode of payment either in cash or by cheque, and, moreover, there were banking channels available even when supplies had been effected, impugned disallowance was rightly made by authorities. [S. 260A, R.6DD]

PCIT v. Green Delhi BQS Ltd. (2018) 259 Taxman 153 / ( 2019) 175 DTR 131(Delhi) (HC)

S. 37(1) : Business expenditure–Capital or revenue-Encashment of bank guarantee -Failure to perform its part of concessionaire agreement, DTC encashed bank guarantee-Allowable as revenue expenditure.