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.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 ]

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

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

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

Kaushalya Devi (Dec) Through LR v. CIT (2018) 404 ITR 136/166 DTR 258 / 255 Taxman 417/ 304 CTR 961(Delhi) (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. Infant Jesus Education Society. (2018) 404 ITR 85 (P&H) (HC)

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

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

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

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 ) ]

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

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

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