Author: ksalegal

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CIT v. Hind Nihon Proteins (P.) Ltd. (2018) 404 ITR 193 /254 Taxman 210 (Delhi)(HC)

S. 37(1) : Business expenditure –Commission paid to related directors of the assessee company is held to be allowable as business expenditure.

PCIT v. SRBS Entertainment (2018) 254 Taxman 193 (P&H)(HC)

S. 37(1) : Business expenditure -Lease rent paid for shed taken on lease was held to be allowable as business expenditure considering the business expediency .

CIT (E) v. Bhatia General Hospital (2018) 405 ITR 24 / 254 Taxman 285 (Bom.)(HC)

S. 32 : Depreciation – Hospital equipments – Since assessee could neither sell said hospital equipments as scrap nor it could use them and same were also written off in its books of account, written down value of hospital equipments was to be allowed as depreciation [ S.32(1)(iii) ]

Rakesh Kumar Gupta v. CIT (2018) 254 Taxman 394 (Delhi)(HC)

S. 28(i) : Business income – Capital gains- Buying and selling of shares frequently and volume and magnitude being very high assessable as business income and not as capital gains [ S.45 ]

PCIT v. Linde India Ltd. (2018) 254 Taxman 204/ 302 CTR 262 (Cal.)(HC)

S. 28(i) : Business loss -Advance written off- Matter was remanded back to Assessing Officer for deciding as to whether there was actual irrecoverability of advances which assessee chose to write off in its account and claimed write off amount as business loss

CIT v. Shri Balaji Samaj Vikas Samiti (2018) 254 Taxman 93/ 302 CTR 397 (All.)(HC)

S. 12AA : Procedure for registration –Trust or institution- Society engaged in preparing and supplying mid-day-meals to students at primary schools in various villages, against a contract awarded by State Government is a charitable purpose and entitle to registration .[ S.2(15 ]

Indian Machine Tools & Manufacturers Association v. DIT(E) (2018) 254 Taxman 243/ 165 DTR 1 / 302 CTR 289 (Bom.)(HC)

S. 11 : Property held for charitable purposes – Surplus earned from organizing exhibition- As separate books of account is not maintained denial of exemption was held to be justified .[ S.11(4A) ]

Greater Noida Industrial Development Authority v. UOI (2018) 406 ITR 418/ 254 Taxman 289/ 303 CTR 512/ 167 DTR 153 (Delhi)(HC)

S. 10(46) Authority: Greater Noida Industrial Development Authority which is engaged in undertaking works relating to housing schemes and land development schemes including acquisition, distribution, sale and letting of properties is entitle to exemption .

PCIT v. New India Assurance Co. Ltd. (2018) 254 Taxman 238 (Bom.)(HC)

S. 10(38) : Long term capital gains from equities -Insurance business- Sale of investments is exempt from tax .[S.45 ]

Mallikarjun School Society v. CCIT (2018) 254 Taxman 170/ 166 DTR 338/ 304 CTR 887 (Uttarakhand )(HC)

S. 10(23C) : Educational institution – Merely on the ground that surplus of society was utilized for expansion of school building, exemption cannot be denied .[ S.10(23C)(vi) ]