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. 80IA :Industrial undertakings – Distribution of electricity- Penalty Recovered from suppliers for delay in execution of contracts, unclaimed balances of contractors, rebate from power generators, interest on fixed deposits for opening letter of credit to power grid Corporation is includible in profits- Miscellaneous recovery from employees, difference between written down value and book value of released assets, commission for collection of electricity duty, rental income is not part of profits.
Hubli Electricity Supply Co. v. DCIT (2018) 404 ITR 462/ 170 DTR 332 / (2020) 314 CTR 650 (Karn) (HC)
S. 10B: Export oriented undertakings – Processing done outside specified area-Mere location of the plant outside the export oriented unit and customs bonded area is not a disqualification to claim deduction – Entitle to exemption .
PCIT v. Lakshminarayana Mining Company. (2018) 404 ITR 522/ 166 DTR 429/ 303 CTR 417 (Karn) (HC)
Gift -tax Act, 1958
S.4:Gifts to include certain transfers — Firm — Induction of new partners to develop the business of the firm —Reallocation of shares will not amount to gift hence not liable to gift tax . [ S. 4(1)(a),26(6)]
Mani K. Thomas v. CGT (2018) 404 ITR 257 (Ker) (HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue –
The AO had examined entire records and there was nothing erroneous in his order, therefore revision order of commissioner was not valid.
CIT v. Metro And Metro. (2018) 404 ITR 304 (All) (HC)
S. 254(1) : Appellate Tribunal- Powers- When the Supreme Court stayed the appeals before High Court on issue raised before Tribunal, the Tribunal is justified in not hearing the appeal . [ S.80IB(9)]
Vedanta Ltd. v. ITAT (2018) 404 ITR 214/ 169 DTR 441/ 305 CTR 220 (Guj) (HC)
S. 158BC : Block assessment – Estimation of undisclosed income was held to be justified — Expenses during Block Period could not be set off against undisclosed income
Madhurapuri Chits And Finance Co. Pvt. Ltd. v. DCIT (2018) 404 ITR 222 (Ker) (HC)
S.147: Reassessment — Accommodation entries -Non application of mind -Merely on the basis of DIT(Inv.) without verification , reassessment is held to be bad in law [ S.148 ]
CIT v. SNG Developers Ltd. (2018) 404 ITR 312 (Delhi) (HC)
S. 143(2) : Assessment – Notice – One return is filed pursuant to notice issued u/s 148 , issue of notice u/s 143(2) is mandatory .[ S. 139,144, 148 ]
CIT v. Staunch Marketing Pvt. Ltd. (2018) 404 ITR 299 (Delhi) (HC)
S. 80HHC : Export business -Income from job working of machining -Income to be considered as business income.
CIT v. Rambal P. Ltd. (2018) 404 ITR 307 (Mad) (HC)
S. 68:Cash credits — Source of cash deposit was not explained satisfactorily-Addition was held to be justified .
Ravi Mallick, prop. of Sunkraft designs v. DCIT (2018) 404 ITR 250 (P&H) (HC)