Author: ksalegal

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PCIT v. Yes Power and Infrastructure Pvt Ltd (Bom) (HC) ( 2018) BCAJ -May. 63

S. 145 : Method of accounting -Rejection of accounts was held to be not justified on the basis that the goods are sold at the price lower than the market price or purchase price – Law cannot oblige or compel a trader to make or maximise its profits [ S.145(3)]

PCIT v. Chawla Interbild Construction Co .Pvt. Ltd ( 2018) BCAJ -May. 63/( 2019) 412 ITR 152/ 263 Taxman 47 ( Bom) (HC)

S. 69C : Unexplained expenditure -Disallowances cannot be made merely on the ground that parties to whom payments were made not appeared before the AO in response to summons , when the assessee has furnished PAN numbers , TDS was deducted and details of the bank was furnished [ S. 37(1) , 131 ]

PCIT v.Gee Square Exports (2018) 100 taxmann.com 461 / BCAJ – May. 61/ ( 2019) 411 ITR 661 ( Bom)(HC).Editorial: SLP of revenue is dismissed , PCIT v. Gee Square Exports (2018) 100 taxmann.com 462 /( 2019) 260 Taxman 175( SC)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Payment made to producer of meat in cash in excess of Rs 20000/ disallowance cannot be made .Circular No 8 of 2016 dt 6-10-2016 issued by CBDT cannot impose additional condition in the Act or Rules adverse to an assessee. [ R.6DD (e(]

PCIT v. Aloka Exports ( Bom)(HC) ( 2018) BCAJ -May. 62

S.28(i):Business loss-Fluctuation in rate of exchange in case of loans utilised for working capital of the business is held to be allowable expenditure [ S.37(1) ]

UOI v.Pirthwi Singh.(SC) www.itatonline .org

National Litigation Policy -Burdening the Court with frivolous litigation- Strictures passed –Union of India has created a huge financial liability by engaging so many lawyers for an appeal whose fate can easily imagined on the basis of existing orders in similar cases .Yet the Union of India is increasing its liability and asking the tax payers to bear an avoidable financial burden for the misadventures . Appeal was dismissed with cost of Rs .1,00,000/.

Rayoman Carriers Pvt. Ltd. v. ACIT (Mum) (Trib.) www.itat.nic

S.147 : Reassessment – Income of any other person – Issue of notice u/s 153C and did not continue with proceedings , again issuing a notice u/s 148 is held to be bad in law [S.148, S.153C]

HGP Community (P) Ltd v. ITO ( 2018) 170 ITD 18 ( Mum)(Trib)

S.145:Method of accounting – Work-in-progress- Construction and development of properties -Interest paid on borrowings as component of work in progress was capitalised and also claimed as deduction for same interest under the head income from house property . Matter was remanded to the AO to consider AS 10 and AS 16 and decide according to law [ S.22 ]

Land End Co -Operative Housing Society Ltd www.itat.nec.in Nutan Laxmi Co -Operative Housing Society Ltd v. ITO www.itat.nec.in Sea Grean Co -Operative Housing Society Ltd www.itat.nec .in Merwanjee Cama Park Co -op Housing Society Ltd v. ITO ( 2018) 62 ITR 770 www.itat.nec ITO v. Citiscape Co -operative Housing Society Ltd www.itatnec.in. Kaliandas Udyog Bhavan Premises Co -Op Society Ltd v. ITO www.itat nec.in Maratha Era Co-Operative Housing Society Ltd v ITO www.itat.nec in .

S.80P: Co-operative societies – Interest earned by a co-operative Society from deposits kept with co -operative bank is deductible .[S.80P(4) ]

Mavani & Sons v.ITO ( Mum) (Trib) ( 2018) BCAJ -May -P. 46 www.itat.necin

S.80IB(10): Housing projects- Completion certificate – Time limit prescribed for completion of project prescribed for completion of project and production of completion certificate have to be treated as applicable prospectively to projects approved on or after 1-4-2015 .

DCIT v. Ozoneland Agro Pvt Ltd (2018) 53 CCH 427/ 64 ITR 6 (SN)(Mum) (Trb) www.itatonline.org

S.56(2)(viiib): Income from other sources – Fair market value of shares sold – Choice of method of valuation is with the assessee- AO has no jurisdiction to insist that the assessee should only a particular method for determining the value of shares . Rule of constancy must be followed by the AO. [ R.11UA]