S. 54B : Capital gains – Land used for agricultural purposes–Land purchased in the name of assessee’s son–Exemption cannot be denied. [S. 45]
Balu Vitthal Kharate v. ITO (2019) 70 ITR 315 (Pune)(Trib.)S. 54B : Capital gains – Land used for agricultural purposes–Land purchased in the name of assessee’s son–Exemption cannot be denied. [S. 45]
Balu Vitthal Kharate v. ITO (2019) 70 ITR 315 (Pune)(Trib.)S. 54 : Capital gains-Profit on sale of property used for residence-Investment of consideration for booking a semi-finished flat with a builder-Treated as construction of property and not purchase of property-Entitle to exemption. [S. 45]
ACIT v. Akshay Sobti (2019) 177 ITD 92 (Delhi)(Trib.)S. 44AC : Non-Resident-Head office expenditure-Issue raised first time before Appellate Tribunal- Matter remanded–DTAA-India-UK [Art. 26]
Standard Chartered Bank v. JCIT (2019) 177 ITD 139/200 TTJ 774 / 178 DTR 201(Mum.) (Trib.)S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability -Assignment of loan to third party by making a payment in terms of present value of future liability-Surplus resulting from assignment of loan was not cessation or extinguishment of liability as loan was to be repaid by third party- Cannot be assessed as cessation of trading liability.[S. 28(iv)]
Cable Corporation of India Ltd. v. DCIT (2019) 177 ITD 223/ 201 TTJ 1009 / 183 DTR 9 (Mum.)(Trib.)S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Waiver of loan per se does not amount to cessation of trading liability-Not assessable as income-Matter remanded for verification. [S. 28(iv)]
ITO v. Wasan Exports (P.) Ltd. (2019) 177 ITD 115 (Delhi) (Trib.)S. 40(b)(ii) : Amounts not deductible-Working partner– Remuneration–Bonus-Supplementary partnership deed– Allowable as deduction.
J.C. Bhalla & Co. v. ACIT (2019) 177 ITD 1/ 182 DTR 195 (Delhi) (Trib.)S. 40(a)(ia) : Amounts not deductible-Deduction at source- burden is on assessee to prove that recipient had declared the income-AO is directed to calculate the interest only for period of default. [S. 201(1), 201(ia)]
Janapriya Engineers Syndicate Ltd v. ITO (2019) 70 ITR 370 (Hyd.)(Trib.)/CIT v. Engineers Reddy Homes (P) Ltd ( 2019) 70 ITR 370 (Hyd) ( Trib)S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payments to transporters-Permanent Account Number and addresses of transporters before the Assessing Officer-Provision of S.194C(6) is complied with–No disallowance can be made. [S. 194C(6)]
Fine Blanking Pvt. Ltd. v. DCIT (2019) 70 ITR 400 (Bang.)(Trib.)S. 37(4) : Business expenditure-Guest house expenses-Held to be not allowable.
Standard Chartered Bank. v. JCIT (2019) 177 ITD 139 / 200 TTJ 774/ 178 DTR 201(Mum.) (Trib.)S. 45 : Capital gains-Sale of shares-Entry operator-Bogus long term capital gains- Produced sufficient material-Addition cannot be made as cash credits. [S. 10(38), 68]
Sangita Jhunjhunwala (Smt.) v. ITO (2019) 70 ITR 247 (Kol.) (Trib.)