S. 143(3) : Assessment–Amalgamation–Merger -Assessment order passed in the name of non-existent entity–Held to be invalid. [S. 143(2)]
Dy. CIT v. First Future Agri & Developers Ltd. (2019) 176 DTR 151 / 198 TTJ 1014 (Mum.)(Trib.)S. 143(3) : Assessment–Amalgamation–Merger -Assessment order passed in the name of non-existent entity–Held to be invalid. [S. 143(2)]
Dy. CIT v. First Future Agri & Developers Ltd. (2019) 176 DTR 151 / 198 TTJ 1014 (Mum.)(Trib.)S. 68 : Cash credits-Bank statement cannot be considered as books maintained by assessee-Addition is held to be not valid.
Satish Kumar v. ITO (2019) 198 TTJ 114 / 175 DTR 121 (Asr.)(Trib.)S. 68 : Cash credits–All details regarding cable operators available on record–All deposits received in cheque which were subsequently refunded back- Deletion of addition is held to be justified.
ACIT v. Star India (P) Ltd. (2019) 176 DTR 409 / 199 TTJ 125 (Mum.)(Trib.)S. 54 : Capital gains–Profit on sale of property used for residence– Acquisition of three flats–Converted into one single unit–One electricity meter / bill for the entire residential unit–Deduction could not be denied in spite of there being three separate agreements for purchase and sale of flats, [S. 45]
ACIT v. Bipin N. Sagar (2019) 176 DTR 43/ 198 TTJ 649 (Mum.)(Trib.)S. 44BB : Mineral oils – Non-residents – Business for prospecting/exploration, mineral oil etc. vessels given on hire- Required to be shown to be fitted with necessary equipments, and having technical capacity for use in prospecting for, or extraction or production of mineral oils-Matter remanded.
DCIT v. PGS Geophysical AS (2019) 176 ITD 75 / 201 TTJ 724(Delhi) (Trib.)S. 28(i) : Business loss-Conversion of ECB to share capital–Comprises of two distinct transactions–Foreign exchange loss on difference to be charged to P&L Account–Allowable as revenue loss. [S. 37(1), 43, Companies Act, 1956, S.75(1)]
Sparrowhawk International Channels India (P) Ltd. v. Dy. CIT (2019) 176 DTR 48/ 200 TTJ 917 (Delhi)(Trib.)S. 12AA : Procedure for registration–Trust or institution-Order denying registration was passed without providing opportunity of being heard- Order was set aside.
Shri Nath Kidney Foundation Society v CIT(E) (2019) 197 TTJ 715/174 DTR 441 (Asr.)(Trib.)S. 10(23C) : Educational institution-Society running a school-Entitle to exemption. [S.10 (23C)(vi)]
Ram Lal Bhasin Public School v. CIT(E) (2019) 198 TTJ 20 (UO) / 69 ITR 560 (Asr.)(Trib.)S. 9(1)(vi) : Income deemed to accrue or arise in India–Royalty – Payment for ‘bandwidth services’ is not assessable as ‘royalty’– Amount received by RJIPL from assessee for providing standard bandwidth services was its ‘business profits’- In the absence of its business connection or PE in India could not be brought to tax in India- DTAA-India–Singapore . [S. 90 , 195, 195A, Art. 7,12]
DCIT v. Reliance Jio Infocomm Ltd ( 2019) 200 TTJ 213 / 73 ITR 194 / 179 DTR 105(Mum.)(Trib.), www.itatonline.orgS. 271(1)(c) : Penalty–Concealment of Income–Revised return- Reimbursement of expenses-Information with respect to the impugned transaction was duly disclosed in notes to computation annexed along with original return of income and the assesse had offered a part of income in revised return of income to tax, penalty could not levied.
Adidas Sourcing Ltd. v. DCIT (2019) 175 DTR 245 / 198 TTJ 130 (Delhi)(Trib.)