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Meghraj Singh Shekhawat v. DCIT (2019) 175 ITD 693 / 197 TTJ 278 (Jaipur) (Trib.)

S. 45 : Capital gains- cash credits–Bogus accommodation entries- Penny stock – Sale of shares-Purchase by account payee cheque– Transaction was credited in DMAT account-Opportunity of cross examination was not given-Sale transaction cannot be treated as bogus merely on the basis of suspicious or surmises-Addition was deleted–Estimation of commission was also deleted. [S. 10 (38), 68, 69C, 132(4)]

ACIT v. Dr. Jayesh Keshrichand Shah. (2019) 175 ITD 751/ 181 DTR 41 (Mum.)(Trib.)

S. 45 : Capital gains-sub-tenancy right-capital asset- Gains on surrender is liable to capital gains tax and not income from other sources. [S. 14, 55(2), 56]

Rajesh Kumar v. ACIT (2019) 175 ITD 734 / 181 DTR 79(Bang.) (Trib.)

S. 28(i) : Business loss-Held to be not allowable as not carried out any business activity in his individual capacity during the year.

Film Nagar Cultural Center v. DCIT (2019) 175 ITD 712 (Hyd.) (Trib.)

S. 4 : Charge of income-tax–Association of persons-Mutuality- Assessee is not claimed the benefit of mutuality-AO cannot suo motu assessee the part of income as mutuality. [S. 2(31)(v)]

Rajesh Kumar v. ACIT (2019) 175 ITD 734 / 181 DTR 79 (Bang.)(Trib.)

S. 2(22)(e) : Deemed dividend-Loan to a share holder–Not in the business of lending of money–Holding more than 10 percent voting power – Assessable as deemed dividend.

DCIT v. Wood Stock School. (2019) 175 ITD 722 (Delhi)(Trib.)

S. 2(15) : Charitable purpose–School-Expenditure incurred on catering services for maintenance of its boarding school- Held to be educational purposes –Entitle to exemption. [S. 11, 13, 12AA]

Granite Gate Properties Pvt. Ltd. v. CIT (2019) 414 ITR 130/175 DTR 415 / 307 CTR 599 (Delhi) (HC)

S. 271(1)(c) : Penalty – Concealment –Disallowance of expenses –Full details are disclosed – Levy of penalty is held to be not justified.

Kakadia Builders Pvt. Ltd. v. ITO (2019) 412 ITR 128 / 175 DTR 305 / 307 CTR 369 / / 262 Taxman 268 (SC) Editorial: Refer, Kakadia Builders Pvt. Ltd. v. ITO ( 2014) 362 ITR 342 ( Guj) (HC)

S. 245D : Settlement Commission – Power- Settlement Commission does not have power to reduce or waive interest statutorily payable under S. 234A, 234B, and 234C of the Act – Matter remanded to settlement Commission .[ S. 154, 234A, 234B, 234C,245D(4),245D(6), 245F]

UOI v. Shreya Sen (2019) 262 Taxman 370 /174 DTR 265/ 306 CTR 609 (SC) Editorial : Shreya Sen v. UOI ( 2018) 257 taxman 95/ 407 ITR 37 (Delhi) (HC), partly reversed .

S.139AA:Quoting of Aadhaar number-From assessment years 2019-20 ,linkage of PAN with Aadhaar card is mandatory .

Kapil Kumar Agarwal v. DCIT (Delhi)(Trib),www.itatonline.org

S.54F : Capital gains- Investment in a residential house – Construction activities of the new house started before the date of sale of original asset – Beneficial provision and should be liberally interpreted- Entitle to exemption . [ S.45 ]