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. 35AB :Know-how –Acquiring know how means acquiring on ownership basis or on lease deduction can not be allowed as revenue expenditure [ S.37(1) ]
Standard Batteries Ltd. v. CIT ( 2018) 166 DTR 289 (Bom)(HC) , www.itatonline.org
S. 10A : Free trade zone – Profits of business- Export turnover –Total turn over – Export turnover is the numerator whereas the total turnover is the denominator in the formula for computing profit from exports. Software development charges are to be excluded while working out the deduction admissible on the ground that such charges are relatable towards expenses incurred on providing technical services outside India. [ S.80HHC. 80HHE )
CIT v. HCL Technologies Ltd( 2018) 404 ITR 719/ 165 DTR 305/302 CTR 191/255 Taxman 313 (SC) , www.itatonline.org/CIT v. Aditi Technologies (P) Ltd (2018) 165 DTR 305//302 CTR 191/255 Taxman 313 (SC) , www.itatonline.org
S. 253 : Appellate Tribunal -Order passed in remand proceedings as per direction of Tribunal , appeal lies before CIT(A) and not before Tribunal [ S. 144C, 246A ]
Tevapharm India (P.) Ltd. v. ACIT (2018) 169 ITD 619 (Delhi) (Trib.)
S. 201 : Deduction at source – Failure to deduct or pay -Limitation of two years prior to amendment , by Finance (No. 2) Act, 2014, with effect from 1-10-2014 and seven years thereafter [ S. 201(3) ]
Vodafone Cellular Ltd. v. DCIT (2018) 169 ITD 675 (Pune) (Trib.)
S. 144C : Reference to dispute resolution panel -AO has to adhere to mandatory requirement of the section- Even in remand proceedings the Assessing Officer has to first a draft assessment order before passing a final assessment order- Appeal before the Tribunal is held to be not maintainable . [ S.92C , 246A, 253 ]
STevapharm India (P.) Ltd. v. ACIT (2018) 169 ITD 619 (Delhi) (Trib.)
S.143(2): Assessment -Notice -Order is held to be bad in law as the notice u/s 143(2) was not served with in one year of filing of return .[S.143(3) ]
ITO v. NVS Builders (P.) Ltd. (2018) 169 ITD 679 (Delhi) (Trib.)
S.45(2): Capital gains- Conversion of assets in to stock in trade -Agricultural land converted in to residential plots as stock in trade and sold capital gain is to be computed as per S.45(2) of the Act.[ S.45 ]
Mahaveer Yadav v. ITO (2018) 169 ITD 717 (Jaipur) (Trib.)
S.45: Capital gains- Development agreement – Assessee has handed over possession of plot to developer therefore there was transfer and liable to capital gains tax- As per the agreement has parted with only 50 percent of property ,only 50 percent can be taxed . As regards provision S.45(5A) being substantive provision introduced by the Finance Act , 2017 cannot be applied to the development agreement entered in to earlier-Reassessment was also held to be valid . [ S.2(47)(v), 45(5A),147 ]
K.Vijay Lakshmi, Hyderabad. v. ACIT (2018) 169 ITD 597 (SMC)(Hyd) (Trib.) Adinarayana Reddy Kummeta. v. ACIT (2018) 169 ITD 683( SMC) (Hyd) (Trib.)
S.45: Capital gains- Business income –Land -Sale consideration received in respect of property received on dissolution of partnership of firm of his father was held to be assessable as capital gain and not as business income [ S. 2(14),28(i) ]
Balkrishna P. Wadhwan. v. DCIT (2018) 169 ITD 693 (Mum) (Trib.)