Author: ksalegal

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Vedanta Ltd. v. ITAT (2018) 404 ITR 214/ 169 DTR 441/ 305 CTR 220 (Guj) (HC)

S. 254(1) : Appellate Tribunal- Powers- When the Supreme Court stayed the appeals before High Court on issue raised before Tribunal, the Tribunal is justified in not hearing the appeal . [ S.80IB(9)]

Madhurapuri Chits And Finance Co. Pvt. Ltd. v. DCIT (2018) 404 ITR 222 (Ker) (HC)

S. 158BC : Block assessment – Estimation of undisclosed income was held to be justified — Expenses during Block Period could not be set off against undisclosed income

CIT v. SNG Developers Ltd. (2018) 404 ITR 312 (Delhi) (HC)

S.147: Reassessment — Accommodation entries -Non application of mind -Merely on the basis of DIT(Inv.) without verification , reassessment is held to be bad in law [ S.148 ]

CIT v. Staunch Marketing Pvt. Ltd. (2018) 404 ITR 299 (Delhi) (HC)

S. 143(2) : Assessment – Notice – One return is filed pursuant to notice issued u/s 148 , issue of notice u/s 143(2) is mandatory .[ S. 139,144, 148 ]

CIT v. Rambal P. Ltd. (2018) 404 ITR 307 (Mad) (HC)

S. 80HHC : Export business -Income from job working of machining -Income to be considered as business income.

Ravi Mallick, prop. of Sunkraft designs v. DCIT (2018) 404 ITR 250 (P&H) (HC)

S. 68:Cash credits — Source of cash deposit was not explained satisfactorily-Addition was held to be justified .

Ram Baboo Agrawal v. CIT (2018) 404 ITR 198 (All) (HC)

S.68:Cash credits — Burden of proof — Mere confirmation is not sufficient, identity , creditworthiness and genuineness was not proved – Addition was held to be justified .

CIT v. Essorpe Mills Ltd. (2018) 404 ITR 323 (Mad) (HC)

S. 45(2) : Capital gains – Conversion of a capital asset in to stock-in-trade -Capital gains to be computed on sale up to date of conversion of Land into stock- in-trade and profit on sale of stock in trade to be assessed as business income or loss. Capital gains to be set off against business loss [ S.28(i) ]

Ravi Mallick, prop. of Sunkraft designs v. DCIT (2018) 404 ITR 250 (P&H) (HC)

S.40(a)(ia):Amounts not deductible – Deduction at source – Professional fees – Failure to deduct tax at source – Disallowance was held to be justified .

CIT v. Green Fire Exports. (2018) 404 ITR 266 (Raj) (HC) CIT v. Jagdish Prasad Soni (2018) 404 ITR 266 (Raj) (HC)

S. 10AA : Special economic zones – Industrial undertaking- Investment in Plant and Machinery for new unit was substantial compared to value of machinery shifted — Entitled to exemption.