Author: ksalegal

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ACIT v. Beena Kedia ( Delhi) (Trib)

S. 271AAA : Penalty – Search initiated on or after 1st June, 2007 –When no specific query to substantiate the manner of earning undisclosed income was put forward to the assessee by the authorised officer levy of penalty was held to be not valid when the taxes were paid on the amount surrendered [ S.132(4) ]

Suklendu A.Baji v.DCIT ( Mum) (Trib)

S.45: Capital gains- Amount received on transfer of rights to carry on any business is taxable as capital gain and not as business income [ S.28(va),54EC ]

CIT ( E ) v. Tara Educational & Charitable Trust ( Bom) (HC)

S. 12AA : Procedure for registration –Trust or institution-Registration cannot be refused on the ground that the Trust deed does not contain dissolution clause .[ S.12A]

PCIT v. Spicer India Ltd ( Bom) (HC)

S. 43A : Rate of exchange – Foreign currency – Foreign exchange fluctuation on loan liability on fixed asset being notional and no actual payment was made would not require any adjustment in the cost of the fixed assets on accrual basis , as the S.43A is amended w.e.f 1 st April , 2003 . [ S.37(1) ]

Neha Saraf v. ITO ( Mum) (Trib)

S. 17(2) : Perquisite -Interest free loan is taxable as perquisites in the hands of employee as per Rule 3 of the IT Rules [S.17(2) (viii) R.3(7)(i) ]

Jaya Balajee Real Media Pvt. Ltd. v. CIT (2018) 404 ITR 124 / 167 DTR 465/ 303 CTR 489 (T&AP) (HC)

Pradhan Mantri Garib Kalyan Yojana Scheme, 2016

S.199C Declaration under Pradhan Mantri Garib Kalyan Yojana Scheme after search and seizure – Retention was held to be valid -Court directed to release of small part of seized amount .[ S. 132, 132B ]

J. Srinivasan v. ACIT (2018) 404 ITR 51 / 303 CTR 827/ 168 DTR 331(Mad) (HC)

S. 275 : Penalty – Bar of limitation – Concealment – Notices issued after period of limitation as per first limb of S.275(1)(a) hence barred by limitation [ S. 271(1)(c),275 (1)(a) ]

Gurpal Singh Brar v. ITO (2018) 404 ITR 58 (P&H) (HC)

S. 260A : Appeal – High Court -Limitation-Delay of 326 days -No reasonable cause -Delay was not condoned .[ Limitation Act, 1963,S.5 ]

CIT v. C. S. Seshadri. (2018) 404 ITR 191 (Mad) (HC)

S. 254(1) : Appellate Tribunal- Powers- Commission-Order of remand was held to be valid [ S.37(1) ]

Manjula Athur. v. ITO (2018) 404 ITR 177 / 165 DTR 314 (Mad) (HC)

S.147: Reassessment —Duty of the Assessing Officer to furnish the reasons recorded to the assessee and proper procedure to be followed -Matter was set a side . [ S.148 ]