Author: ksalegal

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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 .

Kesha Appliances Pvt. Ltd v. ITO ( 2018) 63 ITR ( Trib) 294 ( Delhi) (Trib)

S. 68: Cash credits- Sale of shares – Offline transactions- Merely on the ground that six companies failed to reply to notices issued to them, addition was held to be not justified . [ S. 133(6)]

Prachan Fashion House P. Ltd v. ITO ( 2018) 63 ITR ( Trib) (S.N.) 54 (SMC)(Delhi) ( Trib)

S. 68: Cash credits- Share application- The assesse explained the source of money received and was not answerable for source of the money in the hands of investors .

Kesha Appliances Pvt. Ltd v. ITO ( 2018) 63 ITR ( Trib) 294 ( Delhi) (Trib)

S.37(1): Business expenditure -Expenses to keep its status of the Company active was held to be allowable as business expenditure as business loss .[ S. 28(i) ]

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

S. 32: Depreciation – Option- Newly established industrial undertakings – Back ward areas –Additional question was admitted and the matter was remanded to the Tribunal to consider factual aspect [ S. 80HH, 260A(4)]

Dy.CIT v. Quality Council of India ( 2018) 63 ITR ( Trib) (S.N.) 43 Delhi) ( Trib)

S. 11 : Property held for charitable purposes – Quality control accreditation of organisations -Application fees membership fees and fees for organising seminars-Entitle to exemption[ S. 2(15), 12 ]

Anand Agarwal v. Vilas Chandrakant Gaokar(Bom)(HC) , www.itatonline.org

Advocate Act , 1961
S.7:Code of ethics – Dishonest practice – For misrepresentations before the Court, which should under any and all circumstances be dealt with the iron hand of the judiciary with zero tolerance for such blatantly unethical and mala-fide behaviour- Exemplary cost of Rs 10 lakh was to be paid to plaintiffs [ Contempt Courts Act , 1971 ]

Ram Nagar Trust No. 1 v. Mehtab L. Sheikh (Bom)(HC) , www.itatonline.org

Adjournment –Delay in filing affidavit of reply – Cost of Rs.4 , 50,000 / was levied .