This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 194C : Deduction at source – Contractors – Payments to contractor for purchase of land and not development of works carried out is not liable to deduct tax at source [ S. 201(1) 201(IA) ]

ITO v. Remco ( BHEL) House Building Co -Operative Society Ltd ( 2018) 64 ITR 39 ( Bang) (Trib)

S. 151 : Reassessment – Sanction for issue of notice – After the expiry of four years- Approval was not obtained – Reassessment was held to be bad in law [ S.147, 148 ]

Rama Goyal (Smt) v.ITO ( 2018) 64 ITR 1 ( Jaipur) (Trib)

S. 144C : Reference to dispute resolution panel – Defect in existing in original assessment order cannot be cured – show cause notice cannot be equated with assessment order – Oder passed without passing draft assessment was seta side .

Dy CIT v. Jaipur Rugs Co. P. Ltd (2018) 64 ITR 128 / 193 TTJ 49 (UR)( Jaipur) (Trib)

S.92C: Transfer pricing – Comparable- While deterring ALP of components and parts exported to AE which are used in manufacturing of two wheelers cannot be compared with sale of finished goods in domestic market.

CIT v. Keihin Fie ( P) Ltd ( 2018) 255 Taxman 191 ( Bom) (HC) Editorial: Keihin Fie ( P) Ltd v. ACIT ( 2015) 57 taxmann.com 287 ( Pune ) (Trib) is affirmed

S.50C: Capital gains – Full value of consideration – Stamp valuation- When the assessee is protesting the valuation by Stamp authority and requesting the refer to Department volition Officer , the AO is bound to make the reference to Department Valuation Officer , accordingly the deletion of addition was held to be justified . [ S.45 ]

ITO v. Estate of Maharaja Karni Singh Bikaner ( 2018) 64 ITR 21 / 166 DTR 29/ 193 TTJ 451( Jodhpur) (Trib)

S.37(1): Business expenditure – Capital revenue- Opening of new stores /outlets expenditure on salaries , machinery and other repairs , travelling conveyance professional fees , electricity expenses telephone expenses etc is held to be revenue expenditure .

ACIT v. Reliance Digital Retail Ltd ( 2018) 166 DTR 194/194 TTJ 113 ( Mum) (Trib) ACIT v. Reilance Fresh Reality Ltd ( 2018) 166 DTR 194 /194 TTJ 113( Mum) (Trib) ACIT v. Reliance Hyper Reality Ltd( 2018) 166 DTR 194/194 TTJ 113 ( Mum) (Trib)

S. 12AA : Procedure for registration –Trust or institution-Genuineness of Trust is established – Registration cannot be refused [ S. 2(15),12A ]

Shabad Foundation v. CIT ( 2018) 64 ITR 72/167 DTR 381 /192 TTJ 633( Delhi) ( Trib)

S. 11 : Property held for charitable purposes – Depreciation- Income to be computed in normal commercial manner without classification under various heads referred in S.14 of the Act. [ S.14, 32 ]

Dy.CIT v. Nirma University ( 2018) 64 ITR 60 ( Ahd) (Trib)

Interpretation -Communication of Ministry of Commerce can be relied on – Inland ports.

CIT v. Container Corporation of India Ltd (2018) 404 ITR 397/ 165 DTR 353 /302 CTR 221 / 255 Taxman 334 (SC), www.itatonline.org

S. 47A : Capital gains – Withdrawal of exemption – Conversion of proprietary concern in to company – Only licence to use Brand name – When exemption from capital gain was not claimed -Deletion of addition was held to be justified [ S.47 ]

PCIT v. Mobisoft Tele Solutions (P) LTD. (P) LTD. (2018) 404 ITR 203 / 163 DTR 289 / 301 CTR 582/90 taxmann. com 383 (P&H) (HC)