S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits–Agricultural produce-Failure to produce farmers-No disallowances can be made. [R. 6DD(e)]
Krishnasa Bhute v. ITO (2019) 179 ITD 824 (Bang.)(Trib.)S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits–Agricultural produce-Failure to produce farmers-No disallowances can be made. [R. 6DD(e)]
Krishnasa Bhute v. ITO (2019) 179 ITD 824 (Bang.)(Trib.)S. 37(1) : Business expenditure-Partner cannot separately claim expenses against income received from partnership firm. [S.28(v), 10(2A)]
Chandra N. Jethwani v. ITO (2019) 179 ITD 663/ 187 DTR 185/ 204 TTJ 363 (Ahd.)(Trib.)S. 28(i) : Business income–Purchase of residential housing plot scheme–Providing for common infrastructure and internal road on the said land -Income arising from sale of plots of land is assessable as business income and not capital gains. [S. 2(13), 45]
Bhanuben Kantibhai Savalia v. DCIT (2019) 179 ITD 710 (Ahd.) (Trib.)S. 28(i) : Business income-Short term capital gains-Land dealings -Purchase of agricultural land–Conversion in to no agricultural for commercial purposes–Transaction of purchase and sale is assessable as business income and not as short term capital gains. [S. 2(13), 45]
Harshadkumar Amrutlal Patel v. DCIT (2019) 179 ITD 844/( 2020) 205 TTJ 82 (Ahd.)(Trib.)S. 11 : Property held for charitable purposes–Skill development project of clients/donors for upliftment of rural poor–Denial of exemption is held to be not valid. [S. 2(15), 11(1), 12AA]
DCIT (E) v. Professional Assistance for Development Action (PRADAN) (2019) 179 ITD 818 (Delhi)(Trib.)S. 10(26) : Schedule Tribes–Partnership firm–Not member of schedule Tribe-Not entitle to exemption. [S.10(26A), Constitution of India, Art. 366]
Hotel Centre Point v. ITO (2019) 179 ITD 737 (Guwahati)(Trib.)S. 22 : Professional or other misconduct–Decision of Director discipline of ICAI to not to entertain complaint and decision of board of discipline of ICAI to concur with director discipline’s opinion could not be faulted-Petition was dismissed with cost of Rs. 1 lakh was directed to be deposited with the Delhi High Court Legal Services Committee with in a period of two weeks.
Wholesale Trading Services (P.) Ltd. v. ICAI (2019) 267 Taxman 245 (Delhi)(HC)S. 22 : Professional or other misconduct–Auditor-No objection certificate-Only requirement is communication from the Chartered accountant who accepts position as an auditor.
Ssay & Associates v. ICAI (2019) 267 Taxman 370 (Delhi)(HC)S. 68 : Certificate obtained by misrepresentation of facts— Revocation of Certificate is held to be justified. [S. 64(2)(i), S.147, 148, General Clauses Act, 1897, S. 21].
Subash Chand Jain v. CIT (2019)419 ITR 216 / (2020) 187 DTR 378/ 314 CTR 479 (Mad.)(HC)S. 90 : Payment of tax-Validity of provision-Payment of tax-In view of the retrospective amendment, the petitioners challenge to the constitutional validity of section 90(2) of the Finance Act, 1998 does not survive-Recovery notices were quashed. [S. 90(2), 91]
Time Packaging Ltd v UOI ( 2019) 310 CTR 33/ 180 DTR 281 (Bom.)(HC)