Author: ksalegal

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Rentworks India Private Ltd v. PCIT( 2018) 161 DTR 371/ 300 CTR 294 ( Bom)(HC)

S. 127 : Power to transfer cases -The existence of agreement between two jurisdictional Commissioners is a condition precedent for passing the order of transfer. The agreement cannot be implied because S. 127(2) (2) (a) contemplates a positive state of mind of the two jurisdictional CITs. Absence of disagreement cannot tantamount to agreement.

Nilesh Natwarlal Sheth. v. ACIT (2018) 402 ITR 407 (Guj) (HC)

S. 127 : Power to transfer cases -Transfer from one officer to another officer in same City for co-ordinated investigation of cases involving transactions to avoid tax was held to be valid .Opportunity of hearing is not mandatory .

Dr. Sujatha Ramesh (Smt.) v. CBDT (2018) 401 ITR 242 (Karn) (HC)

S. 119 : Central Board of Direct Taxes- Powers- Condonation of delay in making investment- Power must be exercised in a judicious manner – Order of CBDT is set aside [ S. 54EC, Art . 226 ]

AB Holdings, Mauritius-Ii, In re. (2018) 402 ITR 37/ 163 DTR 225 (AAR)

S. 115JB : Book profit – Provision is not applicable to foreign companies

“AB” Mauritius, In re (2018) 402 ITR 311/ 163 DTR 170 (AAR)

S. 115JB : Book profit – Provision is not applicable to foreign companies

Bank of Tokyo-Mitsubishi, UFJ Ltd. v. DCIT (2018) 61 ITR 272 (Delhi) (Trib)

S. 115JB : Book profits – Non-Resident — Preparation of accounts under Special Acts — Minimum Alternate tax Provisions was held to be not applicable.

DCIT v. Cauvery Aqua Pvt. Ltd. (2018) 61 ITR 734 (Bang) (Trib)

S.115JB:Book profits – Depreciation-AO has no power to make adjustment other than the adjustment as provided in Explantion1

CIT v. Reliance Industries Ltd ( 2018) 161 DTR 420// ( 2019) 410 ITR 468 ( Bom) (HC)

S. 115JB : Book profits – Exempt income – Disallowance under section 14A can be invoked while computing book profit is a question of law [ S.14A, 260A ]

ACIT v. Gurudatta Shikshan Sanstha. (2018) 168 ITD 191 /192 TTJ 191 /165 DTR 70 (Pune) (Trib.)

S. 115BBC : Anonymous donations – Donor denied having given any donation to trust hence addition was held to be justified [ S. 10(23C) ]

Finnish Fund For Industrial Co-Operation Ltd., In Re (2018) 402 ITR 373/ 301 CTR 705/ 164 DTR 105 (AAR)

S. 112 : Tax on long term capital gains -Non-residents – Concessional rate of tax — Long-term capital gains arising on sale of equity shares in Indian listed company to be taxed at 10.506 Per Cent., inclusive of surcharge and cess . [ S. 45 ]