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DCIT v .Shahrukh Khan (2018) 66 ITR 168 / 194 TTJ 777 / 53 CCH 055/ 172 DTR 73 (Mum)(Trib.)

S. 271(1)(c) : Penalty – Concealment –Notional income- Where addition/disallowance made by AO is not free from doubts and debates, no penalty can be imposed.

Dy.CIT v. Shahrukh Khan (2018) 66 ITR 168 / 194 TTJ 777 / 53 CCH 055/ 172 DTR 73(Mum.)(Trib.)

S. 253 : Appellate Tribunal –Oral ground – Jurisdiction- Where there being no occasion for CIT(A) to decide a particular issue against assesse, assesse cannot support the impugned order under rule 27 on that ground. [S.271(1) (c ), R.27]

Mylan Laboratories Ltd. v. DCIT (2018) 52 CCH 0631/ 66 ITR 354 (Hyd.)(Trib.)

S. 147 : Reassessment – Within four years – Reopening of assessment based only on the change of opinion on the existing material cannot be sustained in absence of any new tangible material.

Dy.CIT v. Prakul Luthra v. (2018) 53 CCH 607/ 66 ITR 672 (Delhi)(Trib.)

S. 145 : Method of accounting – If AO accepted books of accounts in preceding and subsequent years – rejection of books based on hypothetical calculations was not justified.

Shiv Sahai & Sons (I) Ltd. v. Dy.CIT (2018) 66 ITR 409 (Chennai)(Trib.) Naresh Prasad Agarwal v. Dy.CIT (2018) 66 ITR 409 (Chennai)(Trib.)

S. 145 : Method of accounting – Suppression of Sales – In absence of anything on record to show that claim of the Assessee that he was following London Bullion Market (LBM) for fixing rate for sale of bullion, it cannot be concluded that Assessee was suppressing sales.

Dy.CIT v. Rohit Kumar (2018) 66 ITR 666 (Chd.)(Trib.)

S. 56 : Income from other sources – No addition should be made where satisfactory explanation with necessary evidences is provided in case of sums received from relatives. [S.56 (2)(v)]

Dy.CIT v. Saifee Jubiee High School and Madressa Yusufiyan Society (2018) 63 ITR 89 (SN) (Ahd)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation –Charitable Trust- Price approved by Charity Commissioner has to be followed, where the Assessee is a public charitable trust. [S. 45]

DCIT v. Rajasthan Rajya Vidyut Utpadan Nigam Ltd.(2018) 63 ITR685 / 52 CCH 520 (Jaipur)(Trib.)

S. 43B : Certain deductions only on actual payment – Contributions to provident fund and employees’ state insurance – Contribution deposited beyond prescribed time limit provided in respective Acts but before due date of filing return under income tax Act is allowable.

Ozoneland Agro Pvt. Ltd. v. DCIT (2018)53 CCH 427 / 64 ITR 6 (SN)(Mum)(Trib.)www.itatonline.org

S. 37(1) : Business expenditure -Corporate entity – even if no business was carried out during the year, expenditure incurred by it has to be allowed.

DCIT v. Rajendra Bansilal Raisoni (2018) 66 ITR 655 / 53 CCH 606(Pune)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital – AO cannot step into the shoes of the businessmen – Interest is allowable on borrowed funds used for the purpose of business.