S. 92C : Transfer pricing-Arm’s length price-Comparables-Question of fact–Appeal is not maintainable. [S. 260A]
Inteva Products India Automotive Pvt. Ltd. (2019) 413 ITR 406 (Karn.)(HC)
Digest of case laws
Online digest of latest case laws
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
Click here to download the pdf versions of the Digest of case laws S. 35 : Scientific research–Research may be carried on by faculty or students-Research need not produce results-Rejection of application for approval without applying proper guidelines is held to be not valid – Matter remanded. [S. 10(23C), 35(1)(ii)]
Manipal Academy of Higher Education. v. UOI (2019) 413 ITR 412/ 263 Taxman 256 / 179 DTR 177 / 309 CTR 224 (Delhi)(HC)S. 10B : Export oriented undertakings-Undertaking-Merger of two firms- Firm which is entitle to exemption merged with another firm which is entitle to exemption-New firm is entitle to exemption. [S. 10B(9), 10B(9A)]
CIT v. Trident Minerals.( 2018) 100 taxman.com 161 / (2019) 413 ITR 461 (Karn.)(HC) Editorial: SLP is granted to the revenue CIT v. Trident Minerals ( 2019) 265 Taxman 556 (SC)S. 10(23C) : Educational institution-Wholly or substantially financed by Government -Receiving grant from Government in excess of 50 Per Cent. of its total receipts-Entitled to benefit of exemption for assessment years prior to amendment-Original assessment u/s 143(1) – Reassessment is held to be proper. [S.10(23C)(iiiab), 143(1), 147, 148]
DIT v. Tata Institute of Social Sciences. (2019) 413 ITR 305 / 177 DTR 417/ 308 CTR 759/ 263 Taxman 387(Bom.)(HC)S. 4 : Charge of income-tax–Capital or revenue–Sale of shares upon open offer–Additional consideration paid in terms of open offer due to delay in making offer and dispatch of letter offer- Capital receipt.
CIT v. Morgan Stanley Mauritius Co. Ltd. (2019) 413 ITR 332 / 308 CTR 139 / 176 DTR 413(Bom.)(HC)S. 251 : Appeal-Commissioner (Appeals)–Powers-Deduction at source- TDS return- There is no power conferred on authority to declare a TDS return as non-est exposing assessee to consequences thereof. [S. 200(3), 234E]
Manoj Kumar Jaiswal v. ACIT (2019) 176 ITD 301/ 200 TTJ 497 / 180 DTR 57(Bang.) (Trib.)/Lalit Kumar Dosi v. ACIT ( 2019)176 ITD 301/ 200 TTJ 497/180 DTR 57 ( Bang) (Trib)/ Pachisia Plastics ( P) Ltd v. ACIT ( 2019) 176 ITD 301/ 200 TTJ 497 /180 DTR 97( Bang) (Trib)S. 234E : Fee-Default in furnishing the statements-Deduction at source-Fee cannot be levied in statement processed under S.200A up to 31-05-2015. [S. 200A]
Madhya Pradesh Power Transmission Ltd. v. CIT (2019) 69 ITR 322 (Indore)(Trib.)S. 206C : Collection at source–Scrap-Ship breaking–Declaration from buyer that he is purchasing goods for reuse in manufacturing process or producing article or things-Tax not required to be collected. [S. 206C(7), 206(IA)]
CIT (OSD) v. Bansal Ship Breakers (P.) Ltd. (2019) 176 ITD 319 (Ahd.)(Trib.)S. 153 : Assessment–Reassessment–Limitation-Commissioner (Appeals) set aside order of Assessing Officer dt. 29-3-2000 vide his order dt. 27-11-2000 -Set aside assessment was completed on 31-3-2003- Set aside assessment was to be completed before 31-3-2002 – Asessment was completed on 31-3-2003- Barred by limitation -Order passed by Commissioner (Appeals) after 1-4-2000-, new assessment is to be completed within one year from end of financial year in which order was passed by Commissioner (Appeals). [S. 153(2A)]
Awanindra Singh. v. DCIT (2019) 176 ITD 355/ 180 DTR 17 / 200 TTJ 427(Delhi) (Trib.)/Computerland Integrators (India) Ltd v Dy CIT ( 2019) 200 TTJ 427 /180 DTR 17 ( Delhi) (Trib)S. 148 : Reassessment–Notice-Dead person-Notice issued on dead person is invalid. [S. 147, 159(2b), 292B, 292BB.]
Aemala Venkateswara Rao v. ITO (2019) 176 ITD 431 (Vishakha)(Trib.)