S. 10(38) : Long term capital gains from equities -Insurance business- Sale of investments is exempt from tax .[S.45 ]
PCIT v. New India Assurance Co. Ltd. (2018) 254 Taxman 238 (Bom.)(HC)S. 10(38) : Long term capital gains from equities -Insurance business- Sale of investments is exempt from tax .[S.45 ]
PCIT v. New India Assurance Co. Ltd. (2018) 254 Taxman 238 (Bom.)(HC)S. 10(23C) : Educational institution – Merely on the ground that surplus of society was utilized for expansion of school building, exemption cannot be denied .[ S.10(23C)(vi) ]
Mallikarjun School Society v. CCIT (2018) 254 Taxman 170/ 166 DTR 338/ 304 CTR 887 (Uttarakhand )(HC)S. 2(42C) : Slump sale – There was neither any plant, machinery, furniture and fixtures, nor was there any building in existence at time when land was sold therefore it was not a slump sale.
PCIT v. Linde India Ltd. (2018) 254 Taxman 204 / 302 CTR 262(Cal.)(HC)S. 237 : Refunds – Tax deducted at source- It is an obligation cast on revenue to effect refund, without calling upon assessees to apply for refund claim. Revenue was directed to grant refund with interest .
Gopalan Thygarajan v. CIT (2018) 253 Taxman 189 (Mad)(HC)S. 153B : Assessment – Search – Time limit – On a remand under S. 263, such assessment would have to be completed only within a reasonable period of time. [ S.153A, 263 ]
K. V. Abdul Azeez v. CIT (2018)404 ITR 288/ 253 Taxman 210/ 168 DTR 74 / 304 CTR 801(Ker)(HC)S.147: Reassessment -Share capital- Bogus accommodation entries – Reassessment was held to be valid [ S. 68 ,143(1),148 ]
Ankit Agrochem (P.) Ltd. v. JCIT (2018) 253 Taxman 141/172 DTR 46/( 2019) 306 CTR 657 (Raj)(HC)S.147: Reassessment-After the expiry of four years- Firm -Partner- Pension paid to retiring partner which was allowed as deduction- Reassessment was held to be not valid [ S. 37(1),148 , 184 ]
Deloitte Haskins & Sells Chartered Accounts v. DCIT (2018) 253 Taxman 490 (Guj)(HC).Editorial: SLP of revenue is dismissed as the tax effect is less than Rs 1. Crore Dy.CIT v. Deloitte Haskins & Sells Chartered Accounts ( 2019) 261 Taxman 449/ SLP rejected ( 2019) 266 Taxman 190 (SC)S. 145 : Method of accounting – Mere fact that books of account were not supported by vouchers of payments received from patients, same could not be a ground to reject assessee’s books of account and to make addition on estimate basis
Dr. Prabhu Dayal Yadav. v. CIT (2018) 253 Taxman 191 /162 DTR 12 (All) (HC)S. 139AA: Return of income – Quoting of Aadhaar Number – Compulsory for assessees to give their Aadhaar Number while filing their income tax return.
Preeti Mohan. v. UOI (2018) 253 Taxman 396 (Mad) (HC)S.139: Return- Delay in filing of return- Reasonable cause- Court directed the CBDT to reconsider the application for condonation of delay as the as the circumstances were beyond the control of the assessee. [ S.80AC, 80IB, 119 ]
Babulal Mohanraj Jain v. CBDT (2018) 253 Taxman 170 /164 DTR 209/ 302 CTR 463 (Bom) (HC)