S. 80IA : Industrial undertakings – Infrastructure development-
Container Freight Station (CFS)- Eligible for deduction.
S. 80IA : Industrial undertakings – Infrastructure development-
Container Freight Station (CFS)- Eligible for deduction.
S. 68 : Cash credits–Deposits from members of pubic-PAN numbers, address and particulars relating to cheques were furnished-Assessing Officer has not further enquiry- Deletion of addition by the Tribunal was held to be justified.
PCIT v. DLF Commercial Project Corporation (2019) 411 ITR 716/260 Taxman 2/ 100 taxmann.com 308 (Delhi) (HC) Editorial : SLP of revenue is admitted ;PCIT v. DLF Commercial Project Corporation ( 2018) 409 ITR 11(St)/. (2019) 260 Taxman 1 (SC)S. 45 : Capital gains- Business income- Set of off loss from one transaction against gain form second transaction is held to be allowable. [S. 28(i)]
PCIT v. Adar Cyrus Poonawalla (2019) 260 Taxman 41 (Bom.)(HC)S. 36(1)(vii) : Bad debt–Waiver of right to receive sale consideration from director and family members–Avoid deadlock in management-Family settlement–Partition recognised u/s 171–Allowable as bad debt [S. 171]
CIT v. Millennia Developers (P.) Ltd. (2019) 260 Taxman 142/ 307 CTR 226 /174 DTR 282 (Karn.)(HC).Editorial: SLP of revenue is dismissed , CIT v. Millennia Developers (P.) Ltd ( 2019) 266 Taxman 186 (SC)S. 28(i) : Business loss-Trading loss-Purchase and sales through commission agent-Loss held to be non -genuine -Disallowance is held to be justified–CIT(A) can consider the record relating to past assessment, while deciding the appeal. [S. 250, 260A]
Mathur Marketing (P.) Ltd. v. CIT (2019) 260 Taxman 9/ 173 DTR 74/ 307 CTR 613/ 413 ITR 353 (Delhi)(HC)S. 12AA : Procedure for registration –Trust or institution-Not carrying on any charitable activity during the relevant period cannot be the ground to cancel registration. [S. 12A]
DCIT v. D.R. Ranka Charitable Trust (2019) 260 Taxman 139 (Karn.)(HC)S. 10(34) : Dividend–Domestic companies-Tax on distribution of profits–Exemption cannot be denied to receiver of dividend, though the payer company had not paid tax on dividend distribution under section 115-O of the Act. [S. (22)(d), 115-O]
PCIT v. Kayan Jamshid Pandole (Smt.) (2019) 260 Taxman 32 / 306 CTR 597/ 174 DTR 141(Bom.)(HC)S. 13 : Denial of exemption-Trust or institution-Investment restrictions – Exemption cannot be denied unless the revenue proves that amount paid to persons referred in sub -section (3) of section 13 is in excess of what may be reasonably paid for services rendered . [ S.11, 12AA]
CIT v. Sri Balaji Society ( 2019) 101 Taxman.com 52/ 260 Taxman 246 ( Bom) (HC)S.28(i): Business loss – Main object of the company – Infrastructure- Amended clause to carry on business of shares futures and options- Speculation- Futures and options- Amendment in object clause to carry on business in futures and options- Loss is allowable as business loss [ S. 43(5,73 ]
PCIT v. Triforce Infrastructure ( India ) Pvt.Ltd ( Bom) ( HC) (UR) Editorial: DCIT v Triforce Infrastructure ( India ) Pvt.Ltd (SMC) ( Mum) (Trib)( ITA No .1890 /Mum/ 2014 dt 12-06-2015) is affirmed .S.144: Best judgement assessment- Books destroyed due to flood- Expenditure cannot be disallowed arbitrarily – Best judgement should not be made as a best punishment assessment .[ S.37 (1)
PCIT v. Rahul J. Jain ( Bom) (HC) (UR) Editorial: Order in ACIT v Rahul J. Jain (Mum) (Trib) ( ITA NO 5986 /M/ 2013 dt 28 -9-2015) is affirmed