S. 68 : Cash credits—Unsecured loans-Explanation was not satisfactory – Addition is held to be justified.
Shree Krishana Kripa Feeds. v. CIT (2019) 410 ITR 533/ 260 Taxman 337/ 307 CTR 220/ 175 DTR 18 (P&H)(HC)S. 68 : Cash credits—Unsecured loans-Explanation was not satisfactory – Addition is held to be justified.
Shree Krishana Kripa Feeds. v. CIT (2019) 410 ITR 533/ 260 Taxman 337/ 307 CTR 220/ 175 DTR 18 (P&H)(HC)S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability-Co-Operative bank -Transfer to reserve or provision made in earlier years–Taxable as income. [S. 80P(4)]
Rajasthan State Co-Operative Bank Ltd. v. ACIT (2019) 410 ITR 434 (Raj)(HC) Editorial: SLP is granted to the assessee , Rajasthan State Co-Operative Bank Ltd. v. ACIT ( 2018) 407 ITR 15 (St)S. 37(1) : Business expenditure–Capital or revenue-Pre-Operative expenses -Expenditure incurred on estimate basis could be reduced from dividends-Transfer pricing adjustment to consultancy charges-High Court has failed to independently evaluate the merits-Matter remanded to High Court for fresh consideration. [S. 80M, 92C]
CIT (LTU) v. Reliance Industries Ltd. (2019) 410 ITR 466 / 175 DTR 1 / 307 CTR 121/ 261 Taxman 165(SC) Editorial : Order of Bombay High Court in CIT (LTU) v. Reliance Industries Ltd.( ITA Nos 1550/ 1592/ 1775 and 1881 of 2014 dt 22-08 2017 , 23 -08 2017 is affirmed ( 2018) 161 DTR 420 /(2019) 410 ITR 468 (Bom)(HC)S. 36(1)(iii) :Interest on borrowed capital – Interest-free funds available with assessee is sufficient to meet investment — Presumption is that investments in subsidiaries were out of interest free funds — No disallowance can be made.
CIT (LTU) v. Reliance Industries Ltd. (2019) 410 ITR 466/ 175 DTR 1 / 307 CTR 121/ 261 Taxman 165 (SC) Editorial : Order of Bombay High Court in CIT (LTU) v. Reliance Industries Ltd.( ITA Nos 1550/ 1592/ 1775 and 1881 of 2014 dt 22-08 2017, 23 -08 2017 is affirmed( 2018) 161 DTR 420 / (2019) 410 ITR 468 (Bom.)(HC)S. 32 : Depreciation- Prior to insertion of Explanation 5 to S.32 of the Act- Optional and could not be thrust upon-Matter remanded.
CIT (LTU) v. Reliance Industries Ltd. (2019) 410 ITR 466 / 175 DTR 1 / 307 CTR 121/ 261 Taxman 165 (SC) Editorial : Order of Bombay High Court in CIT (LTU) v. Reliance Industries Ltd.( ITA Nos 1550/ 1592/ 1775 and 1881 of 2014 dt 22-08 2017 , 23 -08 2017 is affirmed( 2018) 161 DTR 420 / (2019) 410 ITR 468 (Bom)(HC)S. 12AA : Procedure for registration –Trust or institution-High Court directing inquiry allegations regarding irregularities committed by charitable institution – During pendency of inquiry registration cannot be cancelled. [S. 11]
CIT v. Emmanuel Bible Institute Samiti. (2019) 410 ITR 518/ 264 Taxman 42 (Mag.) (Raj)(HC) Editorial : SLP of revenue is dismissed CIT v. Emmanuel Bible Institute Samiti (2018) 407 ITR 19 ( St)S.68: Cash credits- Bogus capital gains-Penny stocks-Plea that opportunity to cross-examine the witness was not given & investigation report was not furnished is not relevant if assessee unable to successfully controvert findings of the AO and such argument was never made before the lower authorities-Addition is held to be justified [ S. 10(38).45 ]
Pankaj Agarwal & Sons (HUF) v. ITO (Chennai)(Trib), www.itatonline.org Mamta Agarwal (Smt) v. ITO (Chennai)(Trib), www.itatonline.org Rajesh Agarwal & Sons v. ITO (Chennai)(Trib), www.itatonline.org Ramakishan Agarwal v. ITO (Chennai)(Trib), www.itatonline.org R.K.Agarwal & Sons (HUF) v. ITO (Chennai)(Trib), www.itatonline.org Sampatti Agarwal ( Smt) v.ITO (Chennai)(Trib), www.itatonline.org Rajesh Agarwal v.ITO (Chennai)(Trib), www.itatonline.org Pankaj Kumar Aagrwal v.ITO (Chennai)(Trib), www.itatonline.orgS.68: Cash credits- Undisclosed income -Bogus capital gains -Penny stocks- Mere furnishing of contract note etc does not inspire the confidence-Addition as cash credit is held to be justified – Commission addition estimated at 6% was restricted to 2% [ S.45, 48 ]
Rajkumar B. Agarwal v. DCIT ( 2019) 176 DTR 273 / 199 TTJ 222(Pune )(Trib). www.itatonline.org Bharat R. Agarwal v DCIT( 2019) 176 DTR 273/199 TTJ 222 ( Pune ) (Trib).www.itatonlne.org Ameeta R.Agarwal v DCIT ( 2019) 176 DTR 273/ 199 TTJ 222( Pune ) (Trib).www.itatonlne.orgS. 271C : Penalty – Failure to deduct at source – Interest- Failure to deduct tax at source at the time of credit of payee-No reasonable cause is shown -Liable to penalty. [S. 194A(4), 273B]
Union Bank of India v. ACIT ( 2018) 172 DTR 337 / 305 CTR 994/(2019) 260 Taxman 23 / 415 ITR 422 (All)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue – Clearing and forwarding -Estimate of income -Renting of godown as integral part of business-Plausible view – Revision is held to be not valid. [S. 145]
PCIT v. V. Dhana Reddy & Co( 2018) 100 taxmann.com 357 / (2019) 260 Taxman 112( AP& T) (HC) Editorial: SLP of revenue is dismissed, PCIT v. V. Dhana Reddy & Co. (2019) 260 Taxman 111 (SC)