S. 263 : Commissioner – Revision of orders prejudicial to revenue -Non est revised return cannot be revised as the assessment order itself is null and void.
Hari Mohan Das Tandon (HUF) v. PCIT (2018) 169 ITD 639 (All) (Trib.)S. 263 : Commissioner – Revision of orders prejudicial to revenue -Non est revised return cannot be revised as the assessment order itself is null and void.
Hari Mohan Das Tandon (HUF) v. PCIT (2018) 169 ITD 639 (All) (Trib.)S. 201 : Deduction at source – Failure to deduct or pay -Short deduction of tax at source was rectified and in appellate proceedings and paid the tax with interest, assessee cannot be treated as assessee in default .[ S.194C, 201(1), 201(IA]
Executive Engineer Construction v. DCIT (2018) 169 ITD 340 (Agra) (Trib.)S. 234B : Interest – Advance tax -Book profit- In view of Explanation 1(v) of sub-section (1) of S. 234B, MAT credit has to be allowed from ‘assessed tax’ and, thereafter, interest to be computed [
Ellenbarrie Industrial Gases Ltd. v. ITO (2018) 169 ITD 194 (Kol) (Trib.)S. 4 : Charge of income-tax -Interest awarded under Land Acquisition Act is in nature of solatium and an integral part of compensation and receipt of same is a capital receipt whereas, interest awarded under the said act is on account of delayed payment of compensation and is revenue receipt. [S. 10(37), Land Acquisition Act, 1894, S , 28,34 ]
Dnyanoba Shajirao Jadhav v. (2018) 169 ITD 291 (Pune) (Trib.)S. 11 : Property held for charitable purposes – Charging of fees for educational activities which has to be applied for the object of the trust has to be seen as application of income -There is no disharmony between S. 10(23C) and S. 11 and exemption cannot be denied .[S. 10(23C) 12, 12A ]
Adarsh Public School v. JCIT ( 2018) 169 ITD 255 ( Delhi) (Trib)S. 12A : Registration –Trust or institution- Corpus contributions being capital receipts, cannot be charged to tax though the trust is not registered [ S. 2(24)(iia),12AA ]
ITO v. Serum Institute of India Research Foundation. (2018) 169 ITD 271 / 195 TTJ 820 (Pune) (Trib.)S. 12AA : Procedure for registration –Trust or institution- Assessee, a body corporate, was formed under U.P. Urban Planning and Development Act, 1973, to promote and secure development of local area is eligible for registration [ S.2(15) ]
Firozabad Shikohabad Development Authority. v. CIT ( 2018) 169 ITD 202 (Agra) (Trib.)S.37(1): Business expenditure- Corporate entity – Administrative expenditure to maintain status of the company , is held to be allowable though the manufacturing activity of fragrance and flavours was discontinued. [ S.57(iii))
Sai Fragrance & Flavours (P.) Ltd. v. ACIT (2018) 169 ITD 235 (Mum) (Trib.)S. 54 : Capital gains – Profit on sale of property used for residence-When entire capital gain is invested in a flat under construction , exemption cannot be denied on the ground that possession was not given [ S.45 ]
ACIT v.M. Raghuraman ( 2018) 169 ITD 315 ( Chennai) ( Trib)S.56: Income from other sources- Business income- Business discontinued- Interest earned on inter -corporate deposit was held to be assessable as income from other sources and not as business income [ S. 28(i) ]
ACIT v.M. Raghuraman ( 2018) 169 ITD 315 ( Chennai) ( Trib)