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.28(i): Business income -Income from house property -Manufacturing activities were closed and premises given on lease , rental income is held to be assessable as business income and remuneration paid to directors is held to be allowable deduction .[ S.22, 37(1)]

Bharat tiles & Marble ( P) Ltd v.Dy.CIT ( 2018) 170 ITD 26 ( Mum)(Trib)

S. 14A : Disallowance of expenditure – Exempt income -Disallowance has to be made even if the assessee has not earned any tax free income on the investment- Revision was held to be valid [S.263 , R.8D ]

Lally Motors India (P) Ltd v.PCIT ( 2018) 170 ITD 370/ 93 taxmann.com 39 / 171 DTR 106 /195 TTJ 728/ 64 ITR 45 (SN)(Amritsar) ( Trib) www.itatonline.org

S.9(1)(i): Income deemed to accrue or arise in India – Business connection -Profit earned from offshore supply of installation and commissioning activities of equipments relatable to operations carried out in India is held to be taxable since it had supervisory Permanent establishment in India – DTAA- India- China [ Art. 5 ]

Shanghai Electric Group Co .Ltd v. Dy.CIT ( 2018) 170 ITD 34 /165 DTR 225 ( Delhi) (Trib)

S. 4 : Charge of income-tax -Capital or revenue-Book profit – Sales tax subsidy granted by the Government for purpose of setting up or expansion of Mills would be capital receipt- Amended provisions treating subsidy or grant as income u/s 2(24)(xvii) are prospective in nature and not applicable to assessment year prior to AY.2016-17) [ S.2(24)(xvii),28 (i),115JB ]

Sanghai Industries Ltd v.ACIT ( Hyd ) (Trib) www.itat.nec.

S.260A: Appeal –High Court – Penalty -Stay the proceedings to give effect to the order of Tribunal was rejected – Determination of the tax payable by the assessee is in the nature of money decree and hence should be paid to successful party – If assessee finally succeeds in appeal it would get the amount refunded with interest.[ S.271D ]

Shivaji Ramchandra Pawar (HUF) .v. JCIT (2018) 163 DTR 308 (Bom)(HC)

S. 271(1)(c) : Penalty – Concealment – Penalty imposed on addition made on the basis of confessional statement of assessee and supplier after search was held to be valid.

Dr. P. Sasikumar .v. CIT (2018) 163 DTR 358 /301 DTR 478(Ker)(HC.)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –Order passed after expiry of two years from the end of the financial year was held to be bad in law . [S.260A ]

Tulsi Tracom Private Ltd .v. CIT (2017) 100 CCH 0013/ (2018) 161 DTR 148 (Delhi)(HC)

S. 254(2) : Appellate Tribunal – Rectification of mistake apparent from the record – Reliance on a decision not subject-matter of consideration during the hearing of appeal (and having influence on final view) constitutes mistake apparent from record.

Rama Industries Ltd .v. DCIT (2018) 163 DTR 156/92 taxmann.com 289 (Bom) (HC). Rama Petrochemicals Ltd .v. DCIT (2018) 163 DTR 156/92 taxmann.com 289 (Bom) (HC). Rama Phosphates Ltd .v. DCIT (2018) 163 DTR 156/92 taxmann.com 289 (Bom) (HC).

S. 237 : Refunds – Revenue to ensure that unblocked amount is paid and credited to assessee’s account and interest on refund to be paid till the date of payment not up to date of unblocking.

Vodafone Mobile Services Limited .v. ACIT (2018) 253 Taxman 168 (Delhi )(HC).

S. 234E: Fee-Default in furnishing the statements – Demand under S. 200A for computation and intimation for payment of fees under S. 234E could not be made in the purported exercise of power under S. 200A prior to June 1, 2015 – Matter remanded.[S.200A]

Sree Ayyappa Educational Charitable Trust v DCIT (2018) 162 DTR 350/301 CTR 150 (Karn)(HC) Sadhguru Infratech (P) Ltd .v. UOI 2018) 162 DTR 350/301 CTR 150 (Karn)(HC)