Author: ksalegal

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PCIT v. Cypress Semiconductors Technology India Pvt. Ltd. (2018) 408 ITR 531 (Karn.)(HC)

S. 92C : Transfer pricing-Comparable-Mere dissatisfaction with the findings of facts arrived at by the Tribunal is not a substantial question of law – Appeal was dismissed.[S. 260A]

CIT v. Prem Kumar Sanghi (2018) 408 ITR 632 (Raj) (HC) Editorial: SLP of revenue is dismissed CIT v. Prem Kumar Sanghi (2018) 408 ITR 8 (St.)

S. 80IB(10) : Housing projects- Construction of approach road and permission for user of land for housing project – Entitle to exemption.

PCIT v. Chain House International (P.)Ltd. (2018) 408 ITR 561/( 2019) 307 CTR 19/ 174 DTR 97 (MP) (HC) PCIT v. Rohtak Chain Co (P) Ltd (2018) 408 ITR 561 /( 2019) 307 CTR 19/174 DTR 97(MP) (HC) PCIT v. Bhrat Securities Ltd (2018) 408 ITR 561/( 2019) 307 CTR 19/174 DTR 97 (MP) (HC).Editorial: SLP of revenue is dismissed ; PCIT v Rohtak Chain Co .( P) Ltd ( 2019) 266 Taxman 459 (SC)

S. 68 : Cash credits—Share application and share premium- Identity of creditors, creditworthiness and genuineness of transactions established—Addition cannot be made.

CIT v. Shushrutha Educational Trust. (2018) 408 ITR 536 (Karn.) (HC)

S. 32 : Depreciation –Charitable Trust-Entitle to depreciation. [S.11 ]

CIT v. Shushrutha Educational Trust. (2018) 408 ITR 536 (Karn) (HC)

S. 11 : Property held for charitable purposes– Application of income- Adjustment of excess expenditure against income of current year amounts to application of income[ S.12]

CIT v. Indian Institute Of Banking And Finance. (2018) 408 ITR 558/ 303 CTR 750 / 166 DTR 253(Bom) (HC) Editorial: Order in Indian Institute of Banking and Finance v. DDIT(E) (2015) 39 ITR 323 (Mum.)(Trib.) is affirmed.

S. 11 : Property held for charitable purposes–Institution imparting education in Banking is entitle to exemption- Grant or refusal to grant exemption under S. 10(22) or 10 (23C) is not relevant .[ S. 2(15), 10 (22),10 (23C), 12A ]

PCIT v. Cypress Semiconductors Technology India Pvt. Ltd. (2018) 408 ITR 531 (Karn.)(HC)

S. 10A : Free trade zone – Export turn over- Total turnover Expenses excluded from export turnover should also be excluded from total turnover.

Eagle Theatres v. ACIT (2018) 65 ITR 3 (Delhi)(Trib.)

S. 271(1)(c) : Penalty – Concealment –Estimate of income- sale of land along with building – agreement silent on consideration towards super structure – estimate made by assessee – such estimate increased by the AO and finally stood reduced to another amount by ITAT – Held, no penalty on such additions based on estimates.

Dy. CIT v. Subhas Chandra Agarwala and Sons (HUF) (2018) 65 ITR 18 (Kol.)(Trib.)

S 271AAB : Penalty – Search cases – commodity profits – sum entered in the other documents maintained in normal course and retrieved during search – Held, not undisclosed income – Held, no penalty can be levied.

Dy. CIT v. Sopariwala Exports (2018) 63 ITR 658 (Mum.)(Trib.)

S. 153A : Assessment – Search or requisition -Disallowance of commission expenses paid to overseas agent- in respect of completed assessments-No addition can be made which is not based on any incriminating material found in the course of search.