Author: ksalegal

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CIT v. Zee Entertainment Enterprises Ltd. (2018) 254 Taxman 370 (Bom.)(HC )/Editorial : SLP of revenue is dismissed due to low tax effect CIT v. Zee Entertainment Enterprises Ltd. ( 2020) 269 Taxman 569 (SC)

S. 194C : Deduction at source – Contractors – Payment made to production house for programme software purchase , equipment hire etc . whether contract or technical services –Substantial question of law admitted by High Court [ S.194J, 260A ]

CIT v. Zee Entertainment Enterprises Ltd. (2018) 254 Taxman 370 (Bom.)(HC)/Editorial : SLP of revenue is dismissed due to low tax effect CIT v. Zee Entertainment Enterprises Ltd. ( 2020) 269 Taxman 569 (SC)

S. 194C : Deduction at source – Contractors – Placement fees/carriage fees to cable operators and MSO/DTH operators, which were payment for work contract and fees for technical services [ S.194J ]

CIT v. Zee Entertainment Enterprises Ltd. (2018) 254 Taxman 370 (Bom.)(HC)/Editorial : SLP of revenue is dismissed due to low tax effect CIT v. Zee Entertainment Enterprises Ltd. ( 2020) 269 Taxman 569 (SC)

S.192: Deduction at source – Salary – Commission paid to non-executives/independent directors could not be treated as salary and, not liable to deduct tax at source .[ S.15 ]

Amar Jewellers Ltd. v. Dy. CIT (2018) 405 ITR 561/ 254 Taxman 384 (Guj.)(HC)

S. 147 : Reassessment – Cash credits-Accommodation entries -Bogus companies – information from investigation wing -No nexus with reasons recorded for initiating reassessment proceedings – Reassessment was held to be bad in law . [ S.68 , 143(1) ,148 ]

Jayant Security & Finance Ltd. v. ACIT (2018) 254 Taxman 81/165 DTR 60/ 304 CTR 519 (Guj.)(HC)

S.147: Reassessment – Cash credits –Information from investigation Wing – Loan from company working as an entry operator and earning bogus funds to provide advances to various persons- Reassessment was held to be valid [ S.143(1) ]

PCIT v. C.U. Inspections India (P.) Ltd. (2018) 254 Taxman 137 (Bom.)(HC)

S.145 : Method of accounting -License fee -Merely on the basis of billing income cannot be assessed unless the income accrues to the assessee -Rule of constancy is followed .[S.5 ]

Habitat Shelters (P.) Ltd. v. PCIT (2018) 254 Taxman 160/ 170 DTR 118 / 305 CTR 279 / (2020) 426 ITR 284 (Karn.)(HC)

S.142(2A): Inquiry before assessment– Special audit–Court cannot go into sufficiency of reasons assigned by assessing authority for directing Special Audit

CIT v. MGF India Ltd. (2018) 254 Taxman 362/ 171 DTR 434/ 308 CTR 186 (Delhi) (HC)/CIT v. Motor & General Finance Ltd (2018) 254 Taxman 362 / 171 DTR 434/ 308 CTR 186 (Delhi) (HC)

S. 115JB : Book profit – lease equalization charges can be deducted while computing book profit – Provisions for non-performing assets are liable to be adjusted while computing book profit

PCIT v. NHPC Ltd. (2018) 408 ITR 237/ 254 Taxman 438/ 167 DTR 44/ 304 CTR 612/ ( 2019) 415 ITR 321 (P&H)(HC)

S. 115JB : Book profit –Provision towards electricity tariff cannot be added to book profit as it is not a contingent liability .

PCIT v. International Metro Civil Contractors (2018) 408 ITR 136/254 Taxman 426/ 164 DTR 310 / 304 CTR 682 (Bom.)(HC)

S. 92C : Transfer pricing – Arms’ length price – There was no justification for enhancement of ALP by disallowing allocation of overhead office expenses.