S. 154 : Rectification of mistake-Fringe benefits tax-Assessing Officer enhancing assessable fringe benefits by passing rectification order- Held to be not valid. [S. 115WE(3)]
CIT v. Aristo Pharmaceuticals Pvt. Ltd. (2019) 412 ITR 112 (Bom.)(HC)S. 154 : Rectification of mistake-Fringe benefits tax-Assessing Officer enhancing assessable fringe benefits by passing rectification order- Held to be not valid. [S. 115WE(3)]
CIT v. Aristo Pharmaceuticals Pvt. Ltd. (2019) 412 ITR 112 (Bom.)(HC)S. 154 : Rectification of mistake-Amount received as rent by assessee who was not owner of properties-Rent passed on to owners-Tribunal holding assessee was not liable to deduct tax at source on such rents-Plausible View-Rectification proceedings holding assessee liable to deduct tax at Source-Not justified.
Gopal Das Estates And Housing Pvt. Ltd. v. CIT (2019) 412 ITR 489/ 263 Taxman 8/ 176 DTR 193 (Delhi)(HC)S. 147 : Reassessment–Search in premises of third party– Discovery that the assessee was not a genuine company –Notice for reassessment is valid. [S. 148]
Etiam Emedia Ltd. v . ITO (2019) 412 ITR 87 (MP)(HC)S. 144 : Best judgment assessment–Additional ground in respect of non issue of notice u/s. 143(2) was raised first time before Appellate Tribunal – Remanding the matter to CIT(A) is held to be valid. [S. 143(2)]
CIT v. J Jay TV Pvt. Ltd. (2019) 412 ITR 285 (Mad.)(HC)S. 132 : Search and seizure-Retention of seized assets-Cash adjusted against demand on block assessment—Jewellery and fixed deposit receipts to be returned. [S. 153A]
Sandeep Raghunath Gupta v. DCIT (2019) 412 ITR 203 (Guj.)(HC)S. 80IB : Industrial undertakings-Satisfied turnover stipulations for Small-Scale Industry-No question of law. [S. 260A]
CIT v. Eltek Sgs Pvt. Ltd. (2019) 412 ITR 41 (Delhi)(HC)S. 80IA : Industrial undertakings-Assessee has option to choose initial year- Entitled to notional carry forward of loss from that particular Year. [S. 80]
South India Corporation Ltd. v. ACIT (2019) 412 ITR 239/ 177 DTR 337 (Ker.)(HC)S. 80IA : Industrial undertakings–Apportionment of expenses between two sets of units—Deduction not exceeding gross total Income—Apportionment of expenses is valid.
CIT v. Swelect Energy Systems Ltd. (2019) 412 ITR 291 (Mad.)(HC)S. 80IA : Industrial undertakings-Generation of power-Eligible unit—Consolidated balance-sheet and profit and loss account- Losses of earlier years of other two units of assessee cannot be notionally brought forward and set off against profits of eligible unit. [S. 80IA(5)]
CIT v. Bannari Amman Sugars Ltd. (2019) 412 ITR 69 (Mad.)(HC)S. 80HHC : Export business–Duty entitlement pass book credit- Entitled to take only net amount of sale value after deducting face value. [S.28(iiid)].
Gold Line Exports v. ITO (2019) 412 ITR 465 (Mad.)(HC)