Author: ksalegal

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Gurinder Singh Dhillon v. ITO (2018) 194 TTJ 120 / 166 DTR 274 (Delhi)(Trib.)

S. 249 : Appeal – Commissioner (Appeals) – Form of appeal and limitation – Delay in filing of appeal electronically was to be condoned by CIT(A) where such delay was caused due to technical issues and lack of knowledge regarding e-filing procedure.

Google India (P.) Ltd. Jt. DIT(IT) (2018) 194 TTJ 385 (Bang.) (Trib.)

S. 145 : Method of Accounting – Rejection of books – AO has to specify defects, non-compliance of accounting standards.

ACIT v. The Guntur Co-operative Central Bank (2018) 193 TTJ 870 / 166 DTR 280 (Visakha.) (Trib.)

S. 143(3) : Assessment- Overdue interest-Provisions for bad and doubtful debts – Schedule bank – Interest income on NPAs is taxable on receipt basis and not on accrual basis. [S.4,28(i), 36, 37 (1)]

Google India (P.) Ltd. v Jt. DIT(IT) (2018) 194 TTJ 385 (Bang.)(Trib.)

S. 92C : Transfer pricing – Arms’ length price – Profit Split Method can be adopted as most appropriate method in cases involving multiple inter-related international transactions which cannot be evaluated separately.

Gopal Forex Pvt. Ltd. v. ITO (2018) 66 ITR 226 (Delhi) (Trib.)

S. 68: Cash credits – Mere non-production of directors of Creditor Company cannot justify addition when detailed evidences filed.

Grandhi Sri Venkata Amarendra v. ACIT (2018) 66 ITR 66 (SN) (Visakha.)(Trib.)

S. 68 : Cash credits – Bogus purchase – Liability pursuant to purchase and corresponding stock declared in books – No case of under assessment and no bogus liability to make addition[ S.143(3)]

Harphool Jat v. ITO (2018) 66 ITR 7(SN)(Jaipur)(Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation – Disputed valuation adopted by stamp duty authorities before AO – AO is required to refer the matter of valuation to Valuation Officer.[ S.45 ]

Grandhi Sri Venkata Amarendra v. ACIT (2018) 66 ITR 66 (SN) (Visakha.)(Trib.)

S. 37(1) : Business expenditure – Making charges paid to Goldsmiths allowable as the Assessee offered to tax the making charges collected from customers.

Grandhi Sri Venkata Amarendra v. ACIT (2018) 66 ITR 66 (SN) (Visakha.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital – Disallowance cannot be made as Assessee established that loan advanced at interest lower than interest paid on unsecured loans out of interest free funds.

Gold Seal Engineering Products P. Ltd. v. ACIT (2018) 66 ITR 37 (SN) (Mum.) (Trib.)

S. 32 : Depreciation -Building – Partly used for business – Depreciation on Building is disallowable in proportion of let out to total constructed area of the building. [S. 38]