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Aradhna Estate Pvt. Ltd. v. DCIT (2018) 404 ITR 105/ 165 DTR 72/ 304 CTR 531 (Guj) (HC)

S.147: Reassessment-After the expiry of four years- Cash credits – Share application money -Shell companies Bogus accommodation entries – Report from investigation wing having live link with formation of belief – Proviso added by the Finance Act, 2012 with effect from April 1, 2013 did not change the position- Reassessment was held to be valid . [ S. 68, 143(3),148 ]

Shri Ram Kutir Khandsari Udyog P. Ltd. v. CIT (2018) 404 ITR 185 (All) (HC)

S.145: Method of accounting -Valuation of stock —Tribunal taking only market rate one day later for determining valuation of stock-in-trade is held to be not consistent with law — Tribunal was directed to reconsider valuation of closing stock on the basis of principles established by law.

Kaushalya Devi (Dec) Through LR v. CIT (2018) 404 ITR 136/166 DTR 258 / 255 Taxman 417/ 304 CTR 961(Delhi) (HC)

S. 48 : Capital gains – Computation -Payment of liquidated damages in discharge of liability under earlier agreement to sell is held to be allowable expenditure-The expression “expenditure” used in clause (i) in S 48 should be given the same meaning as used in S.37(1) , except that the expenditure may also be capital in nature. Settlement of a claim and payment made can amount to expenditure [ S. 37(1),45 ]

CIT v. Infant Jesus Education Society. (2018) 404 ITR 85 (P&H) (HC)

S. 10 (23C): Educational institution- Kindergarten Class — Though the provisions of right to education Act is not applicable to assessee exemption cannot be denied . [S. 10(23)(vi),Right of Children to Free and Compulsory education Act , 2009 ]

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

S.2(24)(iv): Business Income —Amount paid by company towards personal expenses of assessee is held to be not taxable.

CIT v. Ashok Kumar Rathi. (2018) 404 ITR 173 (Mad) (HC)

S.2(14)(iii): Capital asset-Agricultural land- Land entered in revenue records as agricultural land — Agricultural income from land declared and accepted by the revenue – Onus is on department to prove contrary — Profits on sale of land is not assessable to capital gains tax.[ S.45 ]

ACIT v. Marvel Associates. (2018) 170 ITD 353 / 65 ITR 23 (SN) /194 TTJ 338/166 DTR 409 (Vishakha) (Trib.)

S. 271AAB:Penalty -Search initiated on or after Ist day of July 2012- Levy of penalty on the basis of loose sheets found on the course of search was held to be not justified as loose sheets represented only projection -Imposition of penalty is directory and not mandatory . [ S. 132(4 ) ]

Indian Aluminum Company Ltd. v. DCIT (2018) 170 ITD 287 (Mum) (Trib.)

S. 244A : Refunds – Interest on refunds -Refund on account of excess TDS and advance tax was less than 10 per cent of total tax determined on regular assessment, hence not entitle to interest on refunds .

Sirmour Hotels (P.) Ltd. v. DCIT (2018) 170 ITD 318/193 TTJ 306/166 DTR 33 (Chd) (Trib.)

S. 80IC : Special category States -Hotel – Eco-tourism – Expansion of unit in hotel building constitutes investment in plant and machinery and entitle to deduction .

Dewa Projects (P.) Ltd. v. ACIT (2018) 170 ITD 326/166 DTR 105/193 TTJ 755 (Cochin) (Trib.)

S.56: Income from other sources -Interest received by assessee from deposits given for obtaining bank guarantee was to be assessed as income from other sources. [ S.28(i) ]