S. 148 : Reassessment – Notice to dead person- Notice to legal heir of deceased Assessment order is held to be invalid .[S.147 , Art .226]
Rupa Shyamsundar Dhumatkar v. ACIT ( 2020) 420 ITR 256/ 275 Taxman 453 (Bom)(HC), www.itatonline.orgS. 148 : Reassessment – Notice to dead person- Notice to legal heir of deceased Assessment order is held to be invalid .[S.147 , Art .226]
Rupa Shyamsundar Dhumatkar v. ACIT ( 2020) 420 ITR 256/ 275 Taxman 453 (Bom)(HC), www.itatonline.orgS. 69C :Unexplained expenditure -Bogus purchases –Trader in fabrics – -Entire purchases cannot be added without disturbing the sales – Addition is to be restricted to the extent of G.P rate .[ S.145 ]
PCIT v. Mohommad Haji Adam (Bom)(HC),www.itatonline.orgS. 44BB : Mineral oils – Presumptive tax-Gross receipts on account of- Reimbursement of custom duty, service tax paid earlier would not form part of the aggregate amount and not includible in gross receipts . [ S.2(24) , 5, 9 ,43B]
DIT (IT) v. Schlumberger Asia Services Ltd ( 2019)414 ITR 1// 264 Taxman 108/ 177 DTR 126/308 CTR 314 (FB))(Uttarkhand)(HC), www.itatonline.org.Smith International Inc. v .Add.DIT (IT) ( 2019) 414 ITR 1/ 264 Taxman 108/ 177 DTR 126 / 308 CTR 314 (FB))(Uttarkhand)(HC), www.itatonline.orgS. 260A : Appeal – High Court -Monetary limit – The matter neither had any cascading tax effect nor did it involve any issues of common principles in a group of matters or a large number of matters-.The withdrawal of the appeal could be permitted in accordance with the CBDT Circular dated July 11, 2018 [ S.119 ]
CIT v. P. C. Naidu (2019) 412 ITR 378 (Karn)(HC)S. 260A : Appeal – High Court – Revision — Amortisation of preliminary expenses — Bank — Expenses in relation to initial public offer —Revision was quashed by appellate Tribunal and up held by High Court – Matter remanded to High Court to frame question of law and decide the matter .[ S. 35D, 263 ]
CIT v. Yes Bank Ltd. (2019) 412 ITR 459 / 307 CTR 593/ 175 DTR 409 / 262 Taxman 446 (SC) Editorial: Decision in CIT v. Yes Bank Ltd ( ITA No. 599 of 2015 dt 1-8 -2017 ( Bom) (HC) is set aside .S. 245D:Settlement Commission -Full and True disclosure of undisclosed income – Further disclosure of undisclosed income during settlement proceedings -Not entitled to Settlement of case- Granted permission to file an appeal from the assessment order with in 30 days from the date of receipt of a copy of the judgement . [ S. 132, 158BC ,245C, 245D(4) ]
CIT v. ITST )( IT& WT) (2019) 412 ITR 387/ 178 DTR 341 / 309 CTR 297 (Ker)(HC)S. 192 : Deduction at source – Salary -Hospital- Consultant Doctors are not employees – Not liable to deduct tax at source as salary -Payments for call centre expenses — Tax deductible at source under S. 194C -Services of Managers of another organisation utilised — Reimbursement of expenses- Not liable to deduct tax at source [ S.194C, 194J , 201(1),201(IA) ]
CIT (TDS) v. National Health And Education Society. (2019) 412 ITR 404/ 262 Taxman 240 (Bom) (HC)S. 153C : Assessment – Income of any other person – Search – A satisfaction note is sine qua non and must be prepared by the Assessing Officer before he transmits the records to the Assessing Officer who has jurisdiction over such other person- Not furnishing the reasons for satisfaction – Proceedings is held to be in valid .
SVK Minerals. v. DCIT (2019) 411 ITR 709/ 311 CTR 789/ 184 DTR 36 (Karn) (HC) Shyamraj Singh v. DCIT (2019) 411 ITR 709 / 311 CTR 789/ 184 DTR 36(Karn) (HC)S.92C : Transfer pricing – Arm’s length price – Comparable – No question of law – Appeal is not maintainable .[ S.260A ]
CIT v. Kirloskar Toyota Textile Machinery P. Ltd. (2019) 412 ITR 359 (Karn)(HC)S.69C: Unexplained expenditure – Bogus purchases – Sundry creditors – Only profit element embedded in credits can be taxed- Restricted to 25% of element of profit . [ S.37 , 69A ]
xCIT v. Nandkishor Huaschand Jalan. (2019) 412 ITR 357 (Guj)(HC)