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. 54F : Capital gains-Investment in a residential house-Deduction cannot be rejected only on the ground that the builder failed to construct construction with in prescribed time. [S. 45]
Dr. Kushagra Kataria .v. DCIT (2019) 174 ITD 648 (Delhi)(Trib.)
S. 45 : Capital gains-Unexplained investment-Long term capital gains -Penny stocks -Sale of shares–Accommodation entries-Purchase and sale of shares had been made through Bombay Stock Exchange and through DMAT account-Sale proceeds to be assessed as long term and cannot be assessed as unexplained investment–Eligible exemption. [S. 10(38), 69, 131]
Vidhi Malhotra .v. ITO (2019) 174 ITD 655 (Delhi)(Trib.)
S. 40(a)(i) : Amounts not deductible-Deduction at source -Non-resident–Foreign agent-Commission–No permanent establishment in India–Carrying activities outside India-Payment is neither taxable nor can be treated as payment for rendering any managerial, technical or consultancy services [S. 9(1), 195]
DCIT v. Mc Fills Enterprise (P.) Ltd. (2019) 174 ITD 667 (Ahd.)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income–When there is no exempt income, no disallowance can be made. [R. 8D]
DCIT v. Mc Fills Enterprise (P.) Ltd. (2019) 174 ITD 667 (Ahd) (Trib.)
S. 250 : Appeal – Commissioner (Appeals) – power to admit additional evidence —Books of account and vouchers were produced before the AO -Commissioner (Appeals) can call for books of account, details and vouchers for examination — No violation of Rule 46A(4).[S.250(4) R. 46A ]
ITO v. Jaidka Woolen and Hosiery Mills P. Ltd. (2018) 68 ITR 216 (Delhi) (Trib)
S. 219 :Credit for advance tax –Deduction at source- Advance received by firm -succession by company —Credit for deduction of tax at source should be allowed when the receipt or part of receipt recognised as income by company.
ITO v. Dreamax Infrastructure Developers(2018) 65 ITR 500 (Jaipur) (Trib)
S. 145 : Method of accounting –Works contract-Composite contract – First year of business -Rejection of books of account is not justified –GP rate of 7.3% is held to be proper . [ S.145(3)
ITO v. Dreamax Infrastructure Developers(2018) 65 ITR 500 (Jaipur) (Trib)
S. 80P : Co-operative societies -Primary Agricultural Credit Society registered as such under kerala co-operative societies act, 1969 is not a banking company — Entitled to deduction [ S..80P(2)(a)(i)
ITO v. Edanad Kannur SCB Ltd . (2018) 64 ITR 17 (SN) (Cochin) (Trib)
S. 69 :Unexplained investments –Variation in valuation of closing stock –No supporting document is produced – Addition is held to be justified .[ S.133A
Floorings v. ITO (2018) 64 ITR ( SN) 34 (Pune) (Trib)/Bhikshu Granimart v. Dy.CIT (2018) 64 ITR 34 (SN)(Pune)(Trib.)
S.68: Cash credits — Interest-free loan —Confirmation, return, balance-sheet and bank statement —Identity ,creditworthiness and genuineness of transaction is proved — Deletion of addition is held to be justified .
ITO v. Jaidka Woolen and Hosiery Mills P.Ltd. (2018) 68 ITR 216 (Delhi) (Trib)