S. 147 : Reassessment –With in four years-Notice based solely on report of District valuation Officer is not valid . [ S. 142A ,148 ]
Darshan Buildcon. v. ITO (2019) 416 ITR 66 (Guj) (HC)S. 147 : Reassessment –With in four years-Notice based solely on report of District valuation Officer is not valid . [ S. 142A ,148 ]
Darshan Buildcon. v. ITO (2019) 416 ITR 66 (Guj) (HC)S.147: Reassessment — After the expiry of four years- Notice issued within six years – escaped assessment of more than Rs .1 lakh – Not barred by limitation- Depreciation – No failure to disclose material facts – Change of opinion – Reassessment is bad on law . [ S. 32, 148 , 149(1) b) ]
U. P. State Bridge Corporation Ltd v . (2019) 416 ITR 82 (All)(HC)S.143(3): Assessment – Trader transferring he goods to another trader. At a price less than the market price- Transactions showing loss – Addition cannot be made as income from undisclosed sources – No substantial question of law .[ S.260A ]
CIT v. Pragnesh Ramanlal Patel. (2019) 416 ITR 106/ 265 Taxman 434 (Guj) (HC)S.92C: Transfer pricing – Arm’s Length Price —Exclusion of comparables having high brand value is held to be proper .[ S.260A ]
CIT v. E-Valueserve Sez (Gurgaon) P. Ltd. (2019) 416 ITR 51 (Delhi) (HC)S. 45(4) : Capital gains – Conversion of firm to pvt Ltd company – revaluation and transfer of assets from firm to company – Same partners as share holders- No dissolution of firm – No transfer – Not liable to capital gains tax . [ S.2(47) , 45 ]
CIT v. Ram Krishnan Kulwant Rai Holdings P. Ltd. (2019) 416 ITR 123/ 182 DTR 468 (Mad) (HC)S. 45 : Capital gains —Sale of land and building — Sale of land taxable as long term capital gains and sale of building as short term capital gains [ S.2(29A),2(29B), 50 ]
CIT v. Stovec Industries Ltd. (2019) 416 ITR 63 (Guj) (HC)S. 37(1) : Business expenditure – Accrued or Contingent liability- Provision for warranty on scientific basis – Held to be allowable .
CIT v. Stovec Industries Ltd. (2019) 416 ITR 63 (Guj) (HC)S.23: Income from house property- Annual value – Interest free deposit – Rented property – Deletion of the 12 per cent. interest on the interest-free deposit received by the assessee, to determine the annual letting value of the rented property- Held to be valid . [ S.22, 24 ]
CIT v. Jubiliant Enterprises P. Ltd. (2019) 416 ITR 58 (Bom) (HC) Editorial: SLP is granted to the revenue , CIT v. Jubiliant Enterprises P. Ltd. ( 2017) 397 ITR 32 (St)S. 14A : Disallowance of expenditure – Exempt income -Interest – Disallowance can be only on net interest on the loan . [ R.8D ]
CIT v. Jubiliant Enterprises P. Ltd. (2019) 416 ITR 58 (Bom) (HC) Editorial: SLP is granted to the revenue , CIT v. Jubiliant Enterprises P. Ltd. ( 2017) 397 ITR 32 (St)S. 14A : Disallowance of expenditure – Exempt income – Recording satisfaction – Mixed funds -Recording of satisfaction is mandatory- Disallowance is not attracted automatically . [ R.8D ]
CIT v. Gujarat State Fertilizers and Chemicals Ltd. (2019) 416 ITR 13 (Guj) (HC)