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. 194J : Deduction at source – Fees for professional or technical services – Payment to doctors –No employer and employee relation ship-Not liable to deduct tax at source as salary [ S.192 ]
CIT v. Saifee Hospital Trust. (2019) 262 Taxman 461 (Bom.)(HC)
S. 194C : Deduction at source–Contractors-Catering services– Rightly deducted the tax at source u/s. 194C and provision of S.194J is not applicable.[S. 194J]
Dismissing the appeal of the revenue the Court held that payment to contractor the tax was rightly deducted as contractor and service of cooking did not include any technical service.
CIT v. Saifee Hospital Trust. (2019) 262 Taxman 461 (Bom)(HC)
S. 194J : Deduction at source – Fees for professional or technical services – Payment to doctors –No employer and employee relation ship-Not liable to deduct tax at source as salary [ S.192 ]
CIT v. Asian Heart Institute and Research Centre (P.) Ltd. (2019) 262 Taxman 471 (Bom.) (HC)
S. 147 : Reassessment–Shares held as investment- Capital asset –Capital gains-Not considered the objections raised by the Assessee- Proceedings stayed–Matter remanded to the AO to pass speaking order. [S. 10(38), 45, 143(1), 148, Art.226.]
Swastik Safe Deposit and Investments Ltd. (2019)263 Taxman 303/ 176 DTR 423 (Bom.)(HC) Editorial : SLP of revenue is dismissed ACIT v. Swastik Safe Deposit and Investments Ltd. ( 2020) 270 Taxman 8 ( SC)
S. 145 : Method of accounting–Rejection of books of account– Suppression of production- Mismatch of consumption of raw material and output of drugs manufactured- Addition is held to be justified.
Paras Organics (P.) Ltd. v. ACIT (2019) 263 Taxman 44 (Bom.)(HC)
S. 92C : Transfer pricing–Arm’s length price-Mutually agreed procedure (MAP) adopted by Governments of India and USA in relation to US based transactions for determination of ALP could also be adopted for determining ALP of on –US based transactions.
PCIT v. J.P. Morgan Services India (P) Ltd. (2019) 263 Taxman 141/ 182 DTR 373 / 311 CTR 15( Bom) (HC) .
S. 80IA : Industrial undertakings -Conversion of paddy into rice is a manufacturing activity-Entitle to deduction. [S. 80IB].
CIT v. Muthuramalingam Modern Rice Mill (2019) 263 Taxman 294 / 307 CTR 816/ 176 DTR 177(Mad.) (HC)
S. 69A : Unexplained money–Search–Excess jewellery found which belongs to partners-Addition cannot be made in the assessment of firm. [S. 158BB]
Sri. Kavitha Jewellers v. DCIT (2019) 263 Taxman 185/ 309 CTR 82/ 177 DTR 100 (Mad.)(HC)