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Saamag Developers (P.) Ltd. v. ACIT (2018) 168 ITD 649 (Delhi) (Trib.)

S. 2(47)(v): Transfer –Development rights – Transfer of development rights as per share holder agreement with financial partner for development of integrated township by unregistered agreements , no liability of tax could be fastened on assessee on basis that possession of land had been handed over. [ S.28(i), 45, Registration Act 1908,S.17(IA), Transfer property Act 1882, S.53A]

Saamag Developers (P.) Ltd. v. ACIT (2018) 168 ITD 649 (Delhi) (Trib.)

S.2(22)(e): Deemed dividend- Share holders- Current and inter banking accounts between group companies cannot be considered as loans and advances and addition cannot be made as deemed dividend- No physical possession of accumulated profits, hence no addition can be made as deemed dividend .

S. Sukumar v Secretary , Institute of Chartered Accountants of India ( 2018) 254 Taxman 37 ( SC)

Chartered Accountants Act, 1949

S. 21: Misconduct -Disciplinary Directorate-Multinational Accounting Firms ( MAFs)- Union of India was to be directed to constitute a Committee of Experts in order to look in to function of Multinational Accounting Firms ( MAFs) [ S. 25, 29 ]

Bar Council of India v. A.K.Balaji and others , AIR 2018 SC 1382

Advocates Act ( 25 of 1961)

S. 29: Practice of law – Foreign law firms and foreign lawyers cannot set up offices and practice in India , however they can give advice to Indian clients on ‘fly in and fly out’ mode on temporary basis . [ S. 24(1)(a), 47 (2) ]

CIT v. Man Industries Ltd ( 2018) 164 DTR 165 ( Bom) ( HC)

S. 271(1)(c) : Penalty – Concealment -Donation-Withdrawal of claim on alleged bogus donation and filing the revised return disclosing the alleged bogus donation- Deletion of penalty was held to be valid .[ S. 35(1)143(3) , 148 ]

CIT v. Auto Mobile Corporation of Goa Ltd ( 2018) 405 ITR 310/ 164 DTR 168 ( Bom) (HC)

S. 260A : Appeal – High Court -Formulation of additional substantial question of law – Court has the power to frame an additional substantial question of law even at the time of hearing of appeal [ S.32, 80HH, 260A(4 )]

Yash Society v.CIT ( 2018) 301 CTR 729 ( Bom) (HC)

S. 239 : Refunds – Limitation -CBDT-Tax deduction at source -Delay in filing of return ,matter was remanded to CIT to consider the genuine hardship being the charitable institution [ S.12A, 119(2)(b) , 139 ]

CIT v. The Great Eastern Shipping Co Ltd ( 2018) 301 CTR 662 / 163 DTR 510 ( Bom)(HC)

S. 92C : Transfer pricing – Arm’s length price -Interest on loan to Associated enterprise- Rate of interest being charged in the country where the loan is received or consumed .

ACIT v. Central Bank of India Employees Co-Operative Society Ltd ( 2018) 63 ITR ( Trib) 283 ( Kol) ( Trib)

S. 80P : Co-operative societies -Interest on fixed deposits-Interest was held to be deductible [ S.80P(2)(a)(i)]

ITO v. Dhanalaxmi Equipment P. Ltd ( 2018) 63 ITR ( Trib) ( S.N.)33 / 165 DTR 177 (Jaipur) ( Trib)

S.68: Cash credits- Share application money-Existing share holders- Confirmation and other details were filed -Addition as undisclosed was held to be not justified .