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. 68 : Cash credits-Share Capital—Survey – Bogus accommodation bills to various concerns including assessee and its sister companies—PAN no – Affidavit of investors- Acknowledgement of filing of return -Deletion of addition by the Tribunal is held to be justified.

PCIT v. Acquatic Remedies Pvt. Ltd. (2018) 171 DTR 426 (Bom.)(HC)

S. 68 : Cash credits – Share capital- Most of the address of share holders are identical-They could not be traced despite issue of notice u/s 131 of the Act –Affidavits are similarly worded- .Addition is held to be justified. [S. 131]

DRB Exports Pvt. Ltd. v. CIT (2018) 169 DTR 193 / 305 CTR 95 (Cal)(HC)

S. 45 : Capital gains–Long term capital gains-Firm-Retirement- Amount received by retiring partner as good will is held to be not taxable as capital gains.

PCIT v. R.F. Nangrani (HUF) (2018) 167 DTR 28 / 304 CTR 12 (Bom.)(HC)

S. 36(1)(ii) : Bonus or commission- Directors and employees- payment of bonus was part of employment agreement and it was a performance based payment—Allowable as deduction.

PCIT v. New Silk Route Advisors P. Ltd. (2018) 170 DTR 257 (Bom.)(HC)

S. 11 : Property held for charitable purposes-CIT(A) can set aside an assessment order, if AO fails to comply the direction of CIT(A) in an earlier order while granting relief to the assesse. [S. 11(5) 13(1)(d), 250]

Cotton Textiles Exports Promotion Council v. ITO (2018) 169 DTR 141 (Bom.)(HC)

S. 10A : Free trade zone–Total turnover–Export turn over– Deductions on freight, telecommunication and insurance attributable to delivery of computer software are to be allowed from total turnover-Eligible for exemption export should earn foreign exchange, it does not mean that undertaking should personally export goods manufactured /software developed by it outside Country.

PCIT v. Arowana Consulting Ltd. (2018) 171 DTR 445 / (2019) 306 CTR 238 (Karn.)(HC)

S. 10(10C) : Public sector companies-Voluntary retirement scheme –Employee of ICICI Bank –Entitle to exemption.

R.M. Lakshmanan v. CIT (A) (2018) 170 DTR 140 (Mad.)(HC)

S. 4 :Charge of income-tax –Non –compete fee-Held to be capital receipt .

CIT v. Tara Sinha. (2017) 158 DTR 193/ (2018) 305 CTR 522 (Delhi)(HC)

S. 3 : Prohibiton of benami transaction-Payment of advance salary by employer to its employee to defeat purpose of demonetisation didn’t come under purview of Benami Transaction. [S.24, 46 ]

G. Bahadur v. K. Visakh ACIT (2018) 259 Taxman 556 (PBPTA-AT)

S. 3 : Prohibiton of benami transaction-Notice and attachment of property involved in benami transaction–Advance salary-existence of ‘benami’ transaction has to be proved by authorities i.e. person who allege transaction Authority had purely gone on premise that cash was transferred from one person to another, with an object to defeat, demonetization, which was insufficient to establish a ‘benami’ transaction–Order of attachment was directed to be released forth with.[S. 24]

K. Renuga v. K. Vasakh, ACIT (2018) 259 Taxman 492 (PBPTA-AT)