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. 124 : Jurisdiction of Assessing Officer-Place of filing of e- returns- Registered office at Mumbai–Branch office at Indore–e- returns from inspection filed at Indore–Notice issued u/s. 143(2) by the Indore Assessing Officer is held to be valid-Rejection of application by Chief Commissioner is held to be justified. [S. 143(2)]
Frolic Reality (P.) Ltd. v. CIT (2019) 261 Taxman 32 / 176 DTR 51/ 307 CTR 764 (MP)(HC)
S. 92CA : Reference to transfer pricing officer-Jurisdiction of TPO- Whether can examine any transaction which come to his notice during course of proceedings though not referred to him by the AO- Passing ad-interim relief, the AO is prevented from passing any further orders till issue raised is decided by the Court. [S. 92C]
Times Global Broadcasting Company Ltd. v. UOI (2019) 260 Taxman 314 (Bom.)(HC)
S. 92C : Transfer pricing–Arm’s length price-Corporate guarantee- Arm’s length price of corporate guarantee cannot be determined on the basis of bank guarantee- Adjustment of 3% of the amount of guarantee given by the assessee is held to be not justified.
CIT v. Glenmark Pharmaceuticals Ltd. (2019) 417 ITR 479/ 260 Taxman 249 (Bom.)(HC) Editorial: SLP of revenue is dismissed CIT v. Glenmark Pharmaceuticals Ltd ( 2019) 416 ITR 138 (St)
S. 69C : Unexplained expenditure–Survey-Confessional statement of assessee’s brother who is an employee of the assessee–Gross profit shown was much lesser than profit in said line of business- Unaccounted receipts–Addition of sales instead of net profit thereon – Failure to provide stock register-Addition is held to be justified. [S. 133A]
Pradeep Kumar Biyani v. ITO (2019) 101 Taxman 130 / 260 Taxman 299 (Guj.)(HC) Editorial : SLP of assessee is dismissed, Pradeep Kumar Biyani ( 2019) 260 Taxman 298 (SC)
S. 69A : Unexplained money–On money-Loose documents–There was no reliable or independent evidence to come to the conclusion that the assessee had accepted on-money in the sale of the constructed properties–Deletion of addition by the Tribunal is up held.
PCIT v. Nishant Construction (P) Ltd. (2019) 101 taxmann.com 179 / 260 Taxman 366 (Guj) (HC) Editorial : SLP of revenue is dismissed PCIT v. Nishant Construction ( P) Ltd. (2019) 260 Taxman 365 ( SC)
S. 37(1) : Business expenditure-Deputation and other cost-Hotel management and marketing fees-Reasonable and necessary to run business- Held to be allowable.
PCIT v. Tulip Hospitality Service Ltd. (2019) 261 Taxman 16 /( 2019) 411 ITR 595 (Bom.) (HC)
S. 32 : Depreciation-Licenses, permits, approvals-Intangible- Purchased in slump sale-Depreciation is allowable at rate of 25 per cent.
PCIT v. Tulip Hospitality Service Ltd. (2019) 261 Taxman 16 /( 2019) 411 ITR 595 (Bom.)(HC)
S. 28(i) : Business income–Royalty-Addition cannot be made in respect of which no services were rendered.
PCIT v. Tulip Hospitality Service Ltd. (2019) 261 Taxman 16/( 2019) 411 ITR 595 (Bom.)(HC)
S. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot exceed exempt income of relevant year- Instead of taking into account total investment, investment attributable to dividend was required to be adopted an thereafter disallowance was to be arrived. [R. 8D]
PCIT v. Caraf Builders & Constructions (P.) Ltd. (2019) 261 Taxman 47 (Delhi) (HC)
S. 13 : Denial of exemption-Trust or institution-Investment restrictions – Funds utilised for purchase of car in name of its trustee-Denial of exemption should be limited only to amount which was diverted in violation of S. 13(2)(b) of the Act. [S. 11, 132 (2)(b)]
CIT(E) v. Audyogik Shikshan Mandal (2019) 261 Taxman 12 (Bom.)(HC) Editorial : Audyogik Shikshan Mandal v. ITO (2015) 156 ITD 1 (TM) (Pune)(Trib.) is affirmed.