S. 80P : Co-operative societies–Entitle deduction in respect of interest earned from co-operative societies.[S. 80P(2)(a)(i), 80P(2)(d)].
DCIT v. Bardoli Vibhag Gram Udyog Vikas Co-op Credit Society Ltd. (2019) 175 ITD 471 (Surat) (Trib.)S. 80P : Co-operative societies–Entitle deduction in respect of interest earned from co-operative societies.[S. 80P(2)(a)(i), 80P(2)(d)].
DCIT v. Bardoli Vibhag Gram Udyog Vikas Co-op Credit Society Ltd. (2019) 175 ITD 471 (Surat) (Trib.)S. 80IB : Industrial undertakings-Production and sale of mosquito repellents-In absence of any other rational basis for allocating income for computation of amount eligible for deduction, ratio of excisable value of output of non-eligible unit vis-a-vis that of eligible units would constitute a good basis for bifurcation of income Matter remanded.
SC Johnson Products (P.) Ltd. v. DCIT (2019) 175 ITD 477 (Delhi) (Trib.)S. 80G : Donation–Matter remanded to CIT(E) for verification of genuineness of activities of trust.[S. 80G (5)]
Shree Surat Jilla Leuva Patidar Samaj. V. CIT (2019) 175 ITD 469 (Surat)(Trib.)S. 68 : cash credits–Bank statement is not books of account Sale of shares–Addition on the basis of bank statement treating the statement as books of account is held to be not valid–Natural justice–Statement of third parties cannot be relied upon without giving an opportunity of cross examination. [S. (2(12A), 44AA, 45, 69, 69A, 143(3)]
Amitabh Bansal v. ITO (2019) 175 ITD 401 (Delhi)(Trib.)S. 45 : Capital gains-Business income-Merger investments in mutual funds–Liable to be assessed as capital gains and not as business income. [S. 28(i)]
S C Johnson Products (P.) Ltd. v. DCIT (2019) 175 ITD 477 (Delhi)(Trib.)S. 43(5) : Speculative transaction–Hedging contracts with bank– Loss on fluctuation in foreign currency–Interest was paid on fixed rate of 1.7 percent on loan amount–Not speculative in nature eligible as deduction–Interest is held to be allowable–Premium is held to be allowable on proportionate basis. [S. 36(1)(iii), 37(1), 40(a)(ia), 195]
SC Johnson Products (P.) Ltd. v. DCIT (2019) 175 ITD 477 (Delhi) (Trib.)S. 11 : Property held for charitable purposes-Pendency of appeal–Registration was granted–Corpus donation-Matter remanded to AO. [S. 12A, 12AA]
Goregaon Mahila Mandal v. ITO (2019) 175 ITD 444 (Mum.)(Trib.)S. 17 : Perquisite – Salaries -Shares were not allotted by company to assessee in his capacity of being an employee -No benefit was received by assessee – Addition cannot be made as perquisites .[ S.15.17(2), 56(2) (vii) ]
ACIT v. Subhodh Menon. (2019) 175 ITD 449/175 ITD 449 / 198 TTJ 79(Mum) (Trib.) www.itatonline.org. ACIT v. P.N.Ramaswamy (2019) 175 ITD 449/175 ITD 449 (Mum) (Trib.) www.itatonline.orgS. 254 (1) : Appellate Tribunal–Power-Ex prate order-Tribunal has statutory power to recall its order if it is satisfied that respondent has failed to appear before it for sufficient cause at time of hearing and to restore appeal.[ITAT R. 25]
Dr. Gopal Dass Agarwal v. CIT (2019) 261 Taxman 158 (All.)(HC)S. 254(1) : Appellate Tribunal–Duties-Delay in filing of appeal- Rejection of appeal is held to be not justified-Delay was condoned and directed the Tribunal to decide o merits. [S.10(23C(vi), 253 ]
E-Governance Society v. CIT (E) (2019) 261 Taxman 289 / 179 DTR 261/ 309 CTR 429 (HP)(HC)