Author: ksalegal

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CIT v. V. Dhana Reddy And Co. (2018) 407 ITR 96 (T&AP) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –Rental income whether assessable as property income or business income -No findings had been rendered by the Commissioner that the Assessing Officer had made an incorrect assessment of facts or incorrect application of law –Revision is held to be not valid .[ S.22, 28(i) ]

PCIT v. Infinity Infotech Parks Ltd. (2018) 407 ITR 137/ 257 Taxman 359/ ( 2019) 307 CTR 105/ 174 DTR 270 (Cal) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –Development agreement- Transfer and right to possession of developer does not arise prior to completion of construction and apportionment effected- Quantum of depreciation based on facts -Revision was held to be not valid . [ S. 2(47(v), 32, 45, Transfer of Property Act, 1953 S. 53A ]

Nokia India P. Ltd. v. DCIT (2018) 407 ITR 20 (Delhi) (HC)

S. 153 : Assessment –Limitation – When seven issues were before Tribunal, Tribunal remanding of only five issues- Time Limit specified in S.153(2A) is applicable not S.153 (3)(ii)of the Act-Order is held to be not valid .[ S. 153(2A), 153(3)(ii) ]

Marwadi Shares And Finance Ltd. v. DCIT (2018) 407 ITR 49/ 168 DTR 296/ 304 CTR 899 (Guj) (HC)/Editorial: SLP of Revenue is dismissed , due to low tax effect , Dy. CIT v. Marwadi Shares & Finance Ltd. (2023) 294 Taxman 600 (SC)

S.147: Reassessment —Reassessment notice issued would remain in operation unless it is specifically withdrawn, quashed or gets time barred Subsequently- Subsequently Assessing Officer desired to withdraw of notice without issuing any formal withdrawal of notice — The law does not recognise two parallel assessments- In the absence of withdrawal of the first notice of reassessment, the proceedings would survive -Second notice of Reassessment is held to be not valid.[ S.148 ]

Dinesh Kumar Jain (Late) (Through Legal Heir Ankit Jain) v. PCIT (2018) 407 ITR 65/169 DTR 371/ 304 CTR 877 (Delhi) (HC)

S.69: Unexplained Investments — Unexplained Cash — Construction of building –Withdrawal from bank and redeposit-Explanation was not satisfactory- Addition as unexplained investments is held to be justified .[ S.69A ]

PCIT v. Swastik Construction. (2018) 407 ITR 42 (Guj) (HC)

S. 68 : Cash credits -Receipt towards payment for Contract cannot be assessed as unexplained cash-simply because notices could not be served upon the sub-contractor, the transactions could not be held non-genuine .

B. R. Petrochem Pvt. Ltd. v. ITO (2018) 407 ITR 87/ ( 2019) 306 CTR 668 (Mad) (HC)

S. 68 : Cash credits – Share application money – Persons of insignificant means — Neither the creditworthiness of the creditors nor the genuineness of the transaction stood explained- Order of Tribunal up holding addition is confirmed .

C. Aryama Sundaram. v. CIT (2018) 407 ITR 1/ 258 Taxman 10/ 171 DTR 295 / 305 CTR 567 (Mad) (HC)

S. 54 : Capital gains – Profit on sale of property used for residence -Construction of residential house – Cost of land is also form cost of residential house –Not necessary that same money from sale of residential asset must be used .[S. 45 ]

CIT v. Aditya Kumar Jajodia. (2018) 407 ITR 107 (Cal) (HC)

S. 48 : Capital gains – Property inherited under Will — Amount paid for discharge of encumbrances —Allowable as deduction .[ S. 45, 55 ]

PCIT v. Swastik Construction. (2018) 407 ITR 42 (Guj) (HC)

S.40(a)(ia):Amounts not deductible – Deduction at source –
Payment of labour charges through labour contractor — No contract between assessee and sub-contractor — Not liable to deduct tax at source-No disallowance can be made .[ S.194C ]