Finance Act ,1994
S.73: Appelate Tribunal – Adjournment – Medical certificate not necessary while seeking adjournment on medical ground-Order of Appellate Tribunal is set aside .
Finance Act ,1994
S.73: Appelate Tribunal – Adjournment – Medical certificate not necessary while seeking adjournment on medical ground-Order of Appellate Tribunal is set aside .
Appellate Tribunal – Natural justice -Reasoned order- Judgement cited but no reference found in the order, nor any discussion with respect to rival submission found in the order- One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out- Order of Tribunal set aside .
CC (Import) Mumbai v. Wartsila India Ltd 2010 (254) ELT 406 (Bom) (HC)Indian Succession Act , 1925
S.302: Order – Probate – Interpretation – Order passed without jurisdiction is nullity- Though the order is passed by consent -Principle of resjudicata does not apply –
The question arose for consideration was in respect of application filed u/s. 302 of the Indian Succession Act 1925.
10A : Free trade zone – Computation of deduction – loss of another unit – cannot – Set off against profit of unit eligible for deduction- Deduction in respect of eligible unit has to be allowed before setting off brought forward depreciation and losses of a non-10A unit .[ S.72 ]
CIT v. Russan Pharma Ltd ( 2019) 107 taxmann.com 111 (Bom.)(HC) Editorial: SLP of revenue is dismissed (SLP No.12984 of 2019 (2019) 414 ITR 6(St.)(SC)/ (2019) 265 Taxman 1 (SC)S. 271(1)(c) : Penalty – Concealment – Depreciation- Claim was withdrawn in the course of search proceedings- Deletion of penalty by the Tribunal is held to be justified. [S.32, 132(4), 153A]
PCIT v. Financial Technologies India Ltd (2019) 112 taxmann.com 398 (2020) 269 Taxman 33 (Bom.)(HC) Editorial: SLP of revenue is dismissed; PCIT v. Financial Technologies India Ltd. (2020) 269 Taxman 32 (SC)S.271(1)(c): Penalty -Concealment -Search – There was no addition to the declared income in any of the years- Deletion of penalty is held to be justified [ S.132 , 153C ]
PCIT v. Rajkumar Gulab Badgujar (2019) 111 taxmann.com 256 (Bom)(HC) Editorial: SLP of revenue is dismissed (SLP No.17514 of 2019 dt.08/07/2019)(2019) 416 ITR 134 (St.)(SC)/ (2019) 267 Taxman 488 (SC)S. 263 : Commissioner – Revision of orders prejudicial to revenue – Commissioner could not take cognizance of an issue which had already attained finality in regular assessment- Where no enquiry was made to as regards gift , revision is held to be valid . [ S.56(2), 147 ].
Dev Raj Garg v PCIT ( 2019) 76 ITR 9/ 202 TTJ 1138/(2020) 185 DTR 130 ( Chd) (Trib)S. 263 : Commissioner – Revision of orders prejudicial to revenue – Limited scrutiny – AO is bound to make prima facie enquiry – Revision is held to be valid – Capital or revenue – On merit foreign exchange loss for acquiring capital asset is held to be allowable as revenue expenditure [ S. 43 (1), 143(1) ]
Baby Memorial Hospital Ltd. v. ACIT ( 2019) 184 DTR 361/ 202 TTJ 913 / (2020)77 ITR 484 ( Cochin) (Trib)S.260A : Appeal to High Court – Limitation – Delay of 318 days -No reasonable explanation for delay – Delay was not condoned.
CIT v. Lata Mangeshkar Medical Foundation (2019) 410 ITR 347/ 254 Taxman 347 (Bom.)(HC) Editorial: SLP of revenue is dismissed (SLP No.42811 of 2018)(2019) 414 ITR 1(St.)(SC)S. 194C : Deduction at source – Contractors -Placement fees/carriage fees – work contract and not fees for technical service [ S.194J ]
CIT v. Times Global Broadcasting Co. Ltd. (2019)105 taxman .com 313 / 263 Taxman 466(Bom)(HC) Editorial: SLP of revenue is dismissed, CIT v. Times Global Broadcasting Co. Ltd. (2019) 263 Taxman 465 (SC)/ (SLP No.6242 of 2019)(2019) 412 ITR 41 (St.)(SC)