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. 32 : Depreciation-Additional depreciation-Revision of orders prejudicial to revenue-Tribunal allowed assessee’s claim for additional depreciation by following order of jurisdictional High Court – Revision is held to be not valid. [S. 263]
PCIT v .Jitendra J. Mehta (2019) 104 taxman.com 448 / 263 Taxman 6 (Bom.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Jitendra J. Mehta. (2019) 263 Taxman 5 (SC)
S. 28(i) : Business loss-Future and options loss-Client code modification- Repetitive client code modifications-Client code modifications are tainted with collusive action and manipulation– Loss is held to be bogus–Not allowable as business loss- Reassessment is also upheld. [S.133(6), 147, 148]
Time Media & Entertainment LLP v. ITO (Mum.)(Trib.), www.itatonline.org
S. 15 : Salaries–Provision made by a company for payment of managerial remuneration- Liable to be assessed as salary.
V. Ramakrishnan v. DCIT (2019) 263 Taxman 145 (Mad.)(HC)
S. 10(22) : Educational institution-Property was purchased in name of Secretary and Manager of Society for running a school- Profits of institution was being used for self aggrandizement-Denial of exemption is held to be justified. [S. 12AA]
Sree Chithra Educational Cultural And Film Society v. DIT (2019) 412 ITR 76 / 263 Taxman 93 (Ker.)(HC)
S. 271B : Penalty-Failure to get accounts audited-Illness of Director cannot be the reasonable cause for long delay in complying audit obligation – Levy of penalty is held to be justified. [S. 44AB, 273B]
Haldar Foods (P.) Ltd. v. ITO (2019) 176 ITD 496/ 200 TTJ 896 / 181 DTR 257(Amritsar) (Trib.)
S. 145A : Method of accounting – Valuation of stock- Excise duty- Not added to purchases, sales or valuation of inventories – Valuation of closing stock, excise duty had rightly been excluded from value of closing stock of finished goods at end of accounting period.
ACIT v. U.P. Asbestos Ltd. (2019) 176 ITD 518/ 200 TTJ 886/ 180 DTR 305 (Luck)(Trib.)
S. 68 : Cash credits-Books of account-Sale of shares-long term capital gains–Bank statement is not books of account-Addition cannot be made without giving an opportunity of cross examination–Addition is deleted. [S. 2(12A), 44AA]
Vinesh Maheswari v. ITO (2019) 176 ITD 576 (Delhi)(Trib.)