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. 260A : Appeal – High Court -Monetary limit – The matter neither had any cascading tax effect nor did it involve any issues of common principles in a group of matters or a large number of matters-.The withdrawal of the appeal could be permitted in accordance with the CBDT Circular dated July 11, 2018 [ S.119 ]
CIT v. P. C. Naidu (2019) 412 ITR 378 (Karn)(HC)
S. 260A : Appeal – High Court – Revision — Amortisation of preliminary expenses — Bank — Expenses in relation to initial public offer —Revision was quashed by appellate Tribunal and up held by High Court – Matter remanded to High Court to frame question of law and decide the matter .[ S. 35D, 263 ]
CIT v. Yes Bank Ltd. (2019) 412 ITR 459 / 307 CTR 593/ 175 DTR 409 / 262 Taxman 446 (SC) Editorial: Decision in CIT v. Yes Bank Ltd ( ITA No. 599 of 2015 dt 1-8 -2017 ( Bom) (HC) is set aside .
S. 245D:Settlement Commission -Full and True disclosure of undisclosed income – Further disclosure of undisclosed income during settlement proceedings -Not entitled to Settlement of case- Granted permission to file an appeal from the assessment order with in 30 days from the date of receipt of a copy of the judgement . [ S. 132, 158BC ,245C, 245D(4) ]
CIT v. ITST )( IT& WT) (2019) 412 ITR 387/ 178 DTR 341 / 309 CTR 297 (Ker)(HC)
S. 192 : Deduction at source – Salary -Hospital- Consultant Doctors are not employees – Not liable to deduct tax at source as salary -Payments for call centre expenses — Tax deductible at source under S. 194C -Services of Managers of another organisation utilised — Reimbursement of expenses- Not liable to deduct tax at source [ S.194C, 194J , 201(1),201(IA) ]
CIT (TDS) v. National Health And Education Society. (2019) 412 ITR 404/ 262 Taxman 240 (Bom) (HC)
S. 153C : Assessment – Income of any other person – Search – A satisfaction note is sine qua non and must be prepared by the Assessing Officer before he transmits the records to the Assessing Officer who has jurisdiction over such other person- Not furnishing the reasons for satisfaction – Proceedings is held to be in valid .
SVK Minerals. v. DCIT (2019) 411 ITR 709/ 311 CTR 789/ 184 DTR 36 (Karn) (HC) Shyamraj Singh v. DCIT (2019) 411 ITR 709 / 311 CTR 789/ 184 DTR 36(Karn) (HC)
S.92C : Transfer pricing – Arm’s length price – Comparable – No question of law – Appeal is not maintainable .[ S.260A ]
CIT v. Kirloskar Toyota Textile Machinery P. Ltd. (2019) 412 ITR 359 (Karn)(HC)
S.69C: Unexplained expenditure – Bogus purchases – Sundry creditors – Only profit element embedded in credits can be taxed- Restricted to 25% of element of profit . [ S.37 , 69A ]
xCIT v. Nandkishor Huaschand Jalan. (2019) 412 ITR 357 (Guj)(HC)
S. 43B : Deductions on actual payment -Interest payable to Banks — Conversion of unpaid interest into funded interest Loan- Not allowable as deduction- Explanation 3C to section 43B inserted with retrospective effect from 1-4-1989 by the Finance Act , 2006 .
CIT v. Gujarat Cypromet Ltd. ( 2019) 412 ITR 397 / 177 DTR 121/ 262 Taxman 93 / 308 CTR 309(SC) Editorial: Decision in CIT v Gujarat Cypromet Ltd. (2019] 412 ITR 398 (Guj) (HC) is reversed .
S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Purchases were supported by dealers invoice along with valid transit receipt , receipt documents etc – Disallowance is held to be not justified .[ R.6DD ]
M. K. Agrotech P. Ltd. v. ACIT (2019) 412 ITR 351/ 176 DTR 294/ 308 CTR 275 (Karn)(HC)