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.145:Method of accounting – Work-in-progress- Construction and development of properties -Interest paid on borrowings as component of work in progress was capitalised and also claimed as deduction for same interest under the head income from house property . Matter was remanded to the AO to consider AS 10 and AS 16 and decide according to law [ S.22 ]
HGP Community (P) Ltd v. ITO ( 2018) 170 ITD 18 ( Mum)(Trib)
S.80IB(10): Housing projects- Completion certificate – Time limit prescribed for completion of project prescribed for completion of project and production of completion certificate have to be treated as applicable prospectively to projects approved on or after 1-4-2015 .
Mavani & Sons v.ITO ( Mum) (Trib) ( 2018) BCAJ -May -P. 46 www.itat.necin
S.56(2)(viiib): Income from other sources – Fair market value of shares sold – Choice of method of valuation is with the assessee- AO has no jurisdiction to insist that the assessee should only a particular method for determining the value of shares . Rule of constancy must be followed by the AO. [ R.11UA]
DCIT v. Ozoneland Agro Pvt Ltd (2018) 53 CCH 427/ 64 ITR 6 (SN)(Mum) (Trb) www.itatonline.org
S. 54 : Capital gains – Profit on sale of property used for residence-Purchase of four flats merged in to one residential house – Entitle to exemption. [ S.45 ]
ITO v. Kavita Gupta ( Mum) ( Trib) www.itat.nic
S.33AB: Tea development account – Amount withdrawn from NABARD deposit account accordance with tea development Scheme 2007 was not utilised the entire amount with in year in which withdrawal was made but utilised partly after the end of said year amount cannot be taxed by deeming fiction [ S.33AB(7), 139(1)]
Stewart Holl ( India) Ltd v.Dy.CIT ( 2018) 170 ITD 1 /193 TTJ 878/166 DTR 143 ( Kol) (Trib)
S.28(i): Business income -Income from house property -Manufacturing activities were closed and premises given on lease , rental income is held to be assessable as business income and remuneration paid to directors is held to be allowable deduction .[ S.22, 37(1)]
Bharat tiles & Marble ( P) Ltd v.Dy.CIT ( 2018) 170 ITD 26 ( Mum)(Trib)
S. 14A : Disallowance of expenditure – Exempt income -Disallowance has to be made even if the assessee has not earned any tax free income on the investment- Revision was held to be valid [S.263 , R.8D ]
Lally Motors India (P) Ltd v.PCIT ( 2018) 170 ITD 370/ 93 taxmann.com 39 / 171 DTR 106 /195 TTJ 728/ 64 ITR 45 (SN)(Amritsar) ( Trib) www.itatonline.org
S.9(1)(i): Income deemed to accrue or arise in India – Business connection -Profit earned from offshore supply of installation and commissioning activities of equipments relatable to operations carried out in India is held to be taxable since it had supervisory Permanent establishment in India – DTAA- India- China [ Art. 5 ]
Shanghai Electric Group Co .Ltd v. Dy.CIT ( 2018) 170 ITD 34 /165 DTR 225 ( Delhi) (Trib)