Author: ksalegal

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Dempo Brothers Pvt Ltd. v. ACIT (2018) 403 ITR 196 (Bom) (HC) Editorial: SLP of Revenue is dismissed (SLP No.32769 of 2018) (2019) 410 ITR 162(St.)(SC)

S.147: Reassessment-After the expiry of four years- Transfer of shares – There was no failure to disclose material facts -Reassessment is bad in law [ S.148, R.40B ]

PCIT v. Gujarat Electricity Board. (2018) 403 ITR 245 (Guj) (HC)

S. 143(1) : Assessment – Intimation -Additional tax -Reduction of loss on account of depreciation- Additional tax is held to be not leviable .[ S.143(IA) ]

Eluru Co-Operative House Mortgage Society Ltd. v. ITO (2018) 403 ITR 172 (T&AP) (HC)

S. 80P : Co-operative societies – Mere inclusion of name originally and object in bye-laws of society is not conclusive, deduction is eligible .

PCIT v. Millennium Park Holdings Pvt. Ltd. (2018) 403 ITR 178 (Guj) (HC)

S. 69B : Amounts of investments not fully disclosed in books of account – Purchase of land – Difference between the amount disclosed and estimate by Assessing Officer cannot be treated as undisclosed . [ S.153A ]

Krishan Kumar Sethi v. CIT (2018) 403 ITR 189 / 255 Taxman 193 (Delhi) (HC)

S.68: Cash credits — Deposit in Bank- — Failure to explain the source satisfactorily addition was held to be justified .

CIT v. Mohan Export India Pvt. Ltd. (2018) 403 ITR 207/162 DTR 247 /253 Taxman 386 (Delhi) (HC)

S.37(1): Business Expenditure – Commission – Expenditure incurred was reasonably linked with its business which was confirmed by the parties hence allowable as business expenditure

PCIT v. Larsen And Toubro Ltd. (2018) 403 ITR 248 / 98 Taxmann.com 186(Bom) (HC).Editorial: SLP of revenue is dismissed , PCIT v. Larsen and Toubro Ltd. (2018) 259 Taxman 79 (SC)

S.32: Depreciation —Machinery utilised for trial runs is entitle to depreciation .

DR. T. J. Jaikish v. CIT (2018) 403 ITR 256 (Ker) (HC)

S. 10(34) :Dividend – Domestic companies – Tax on distribution of profits – Applicable only for amounts which suffered tax u/s 115O does not apply to deemed dividends . [S. 2(22)(e), 115O]

Talluri Srinivas v. UOI (2018) 254 Taxman 261 (Delhi)(HC)

Chartered Accountants Act, 1949
S. 22A: Appellate Authority- Appellate Authority of four members can hear and decide appeal, in spite of recusal of one of members .

Nataraju (HUF) v. PCIT (2018) 406 ITR 342 /254 Taxman 357/ 167 DTR 100/ 304 CTR 665 (Karn.)(HC), Editorial : Order of single judge was set aside ,Nataraju (HUF) v. PCIT (2021) 323 CTR 480 / 207 DTR 249 ( Karn ) (HC)

S. 264 : Commissioner – Revision of other orders – Where assessee deliberately avoided availing of regular remedy by way of an appeal against assessment order and just before expiry of prescribed time period, preferred revision same was rightly dismissed by Principal Commissioner .