Author: ksalegal

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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.

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

S.32:Depreciation — Erection of windmills — Amount paid for Infrastructure — Depreciation is allowable.

CIT v. Maria Social Service Society. (2018) 408 ITR 462 (Karn) (HC) Editorial: SLP of revenue is dismissed CIT v. Maria Social Service Society ( 2019) 267 Taxman 396 (SC)

S. 12AA : Procedure for registration –Trust or institution-Transfer of funds to another charitable institution —Cancellation of registration is not justified [ S. 11, Foreign Contribution ( Regulation ) Act , 2010]

CIT v. Rajasthan State Seed And Organic Production Certification. (2018) 408 ITR 513 (Raj) (HC)

S. 12A : Registration –Trust or institution- Seed certification agency- Advancement of object of general public utility – Entitle to registration .[ S.2(15) ]

Lailabi Khalid. v. CIT (2018) 408 ITR 385 (Ker) (HC)

S. 2(22)(e):Deemed dividend- Records of Registrar of Companies showing shareholding over 10 Per Cent. — Revised return filed before Registrar of companies subsequent to notice under Section 148- Loans received assessable as deemed dividend [ S. 147, 148 ]