Author: ksalegal

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Shanti Ramanand Sagar And Others v. CIT (2018) 402 ITR 245/ 161 DTR 129/ 300 CTR 132 (Bom) HC)

S. 271(1)(c) : Penalty – Concealment –Inaccurate particulars – Penalty is a civil liability – Concealment need not be wilful- Non disclosure of entire receipt from transaction was held to be liable to penalty .

CIT v. International Institute Of Neuro Sciences And Oncology Ltd. (2018) 402 ITR 188 (P&H)( HC)

S. 271(1)(c) : Penalty – Concealment –Assessment was determined as book profit under legal fiction , hence concealment penalty cannot be imposed [ S. 115JB ]

PCIT v. Shree Gopal Housing & Plantation Corporation( 2018) 167 DTR 236 / 303 CTR 428 (Bom)(HC), www.itatonline.org

S. 271(1)(c): Penalty – Concealment -Admission of appeal by High Court -There can be no universal rule to the effect that no penalty can be levied if quantum appeal is admitted on a substantial question of law [ S.260A ]

PCIT v. Tehal Singh Khara and Sons ( 2018) 400 ITR 243 ( P&H ) (HC)

S. 269SS : Acceptance of loans and deposits – Otherwise than by account payee cheque or account payee bank draft -Depositors were agriculturists and transactions were genuine – Penalty cannot be imposed [S.271D ]

CIT v. Vasantha Anirudhan.( Smt.) (2018) 401 ITR 279 /163 DTR 279 / 302 CTR 257(Ker) (HC)

S. 268A : Appeal– Monetary limits – Circular is not applicable where decision on principle is involved.[ S. 119 ]

CIT v. Shalimar Industries Ltd. (2018) 401 ITR 239 (Cal) (HC)

S. 268A : Appeal– Monetary limits – Circulars are binding on department- Reference application was rejected [ S. 119 ]

Hitech Analytical Services v. CIT (2018) 402 ITR 479/( 2019) 306 CTR 270 / 173 DTR 157(Guj) (HC)

S. 264 :Commissioner – Revision of other orders -Business expenditure -Real income -Non filing of revised return cannot be the ground to reject the application [ S. 37(i) ]

Hunumesh Realtors (P.) Ltd. v. PCIT (2018) 168 ITD 87 (Mum) (Trib.)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Educational expenses of director at abroad- Expenditure allowable or not requires greater scrutiny therefore revision was held to be justified [ S. 37(1) ]

Vinod Agarwal v. CIT (2018) 61 ITR 598 (Kol) (Trib) Shyam Sundar Agarwal v. CIT (2018) 61 ITR 598 (Kol) (Trib) Ramnaresh Agarwal v. CIT (2018) 61 ITR 598 (Kol) (Trib) Pawan Kumar Agarwal v. CIT (2018) 61 ITR 598 (Kol) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –Exemption was claimed in respect of share of profit was credited to partners account – Two views possible – Revision was held to be not valid [ S.10(2A)]

Pravinbhai Mafatlal Joshi v. ITO (2018) 61 ITR 775 (Ahd.) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Capital gains — Cost of acquisition —Tribunal directed the assesse to file relevant documents and directed the AO to decide accordance with law . [ S.45, 48 ]