Author: ksalegal

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ITO v. Kulwinder Singh. (2018) 169 ITD 577 / 192 TTJ 61 / 163 DTR 23 (SMC)(Chd) (Trib.)

S.68:Cash credits -Deposit of sale consideration of agricultural land in savings bank account can not be assessed as cash credits . [ S.2(14)(iii) ]

ITO v. Jagdev Singh. (2018) 169 ITD 334 (Chd) (Trib.)

S. 69A : Unexplained money -Agricultural land – Sale agreement was not doubted, deletion of addition was held to be justified .

Baroda Uttar Pradesh Gramin Bank. v. DCIT (2018) 169 ITD 656 (All ) (Trib.)

S. 80P : Co-operative societies -Reginal Bank -As per the overriding provisions contained in S.22 of Regional Rural Bank Act , 1976 , the deduction is available. [ S.80P(2)(a)(i) ]

Gopal Srinivasan v. DCIT (2018) 169 ITD 589 /165 DTR 345/ 193 TTJ 968 (Chennai) (Trib.)

S. 115U : Venture capital companies – Venture capital Funds – long term capital gains on purchase and sale of units of Venture capital fund which has suffered Securities Transaction tax is exempt from tax. [ S. 10(23FB),(10(38) ]

EPCOS India (P.) Ltd. v. ITO (2018) 169 ITD 541/ 65 ITR 20 (SN) (Kol) (Trib.)

S. 194H : Deduction at source – Commission or brokerage -Cash discount given to customers for purchasing in bulk quantity cannot be termed as commission hence not liable to deduct tax at source .

Executive Engineer Construction v. DCIT (2018) 169 ITD 340 (Agra) (Trib.)

S. 201 : Deduction at source – Failure to deduct or pay -Short deduction of tax at source was rectified and in appellate proceedings and paid the tax with interest, assessee cannot be treated as assessee in default .[ S.194C, 201(1), 201(IA]

Hari Mohan Das Tandon (HUF) v. PCIT (2018) 169 ITD 639 (All) (Trib.)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Non est revised return cannot be revised as the assessment order itself is null and void.

Executive Engineer Construction v. DCIT (2018) 169 ITD 340 (Agra) (Trib.)

S. 201 : Deduction at source – Failure to deduct or pay -Short deduction of tax at source was rectified and in appellate proceedings and paid the tax with interest, assessee cannot be treated as assessee in default .[ S.194C, 201(1), 201(IA]

Ellenbarrie Industrial Gases Ltd. v. ITO (2018) 169 ITD 194 (Kol) (Trib.)

S. 234B : Interest – Advance tax -Book profit- In view of Explanation 1(v) of sub-section (1) of S. 234B, MAT credit has to be allowed from ‘assessed tax’ and, thereafter, interest to be computed [

Dnyanoba Shajirao Jadhav v. (2018) 169 ITD 291 (Pune) (Trib.)

S. 4 : Charge of income-tax -Interest awarded under Land Acquisition Act is in nature of solatium and an integral part of compensation and receipt of same is a capital receipt whereas, interest awarded under the said act is on account of delayed payment of compensation and is revenue receipt. [S. 10(37), Land Acquisition Act, 1894, S , 28,34 ]