S. 32 : Depreciation-Film and serial broadcasting rights -Intangible assets – Entitle to depreciation. [S. 37(1)]
Sun TV Network Ltd. v. ACIT (2018) 196 TTJ 944 / 172 DTR 345(Chennai)(Trib.)S. 32 : Depreciation-Film and serial broadcasting rights -Intangible assets – Entitle to depreciation. [S. 37(1)]
Sun TV Network Ltd. v. ACIT (2018) 196 TTJ 944 / 172 DTR 345(Chennai)(Trib.)S. 14A : Disallowance of expenditure – Exempt income – No disallowance in relation to shares and securities held as stock in trade and where owned funds are more than the value of shares and securities. [R. 8D]
Rajasthan State Industrial Development & Investment Corporation Ltd v. DCIT (2018) 195 TTJ 35 (Jaipur)(Trib.)S. 10B : Export oriented undertakings–Interest free funds- Artificially imputing non-existent interest costs and denying deduction to the assessee was held to be not justified. [S.10B(7), 80IA(10)]
Nabros Pharma Ltd. v. ACIT (2018) 68 ITR 6 (SN) (Ahd.) (Trib.)S 10(13A) : Exemption—Special allowance—House property loss— Employees claiming interest on housing loan and also exemption on account of house rent allowance are governed by two independent provisions-Entitle exemption. [S. 22, 192]
ACIT v. Shri SDV International Logistics Ltd. (2018) 68 ITR 35 (SN) (Kol.)(Trib.)S. 4 : Charge of income tax–Capital or revenue-Subsidy-Additional Admitted -Excise duty refund and interest subsidy received from Government for setting up of an industry in the backward area was to be treated as a capital receipt. [S.28(i), 254(1)]
Kashmir Steel Rolling Mills v. DCIT (2018) 195 TTJ 125 / 169 DTR 137 (Asr.)(Trib.)S. 12AA : Procedure for registration –Trust or institution- Registration cannot be refused on the ground that all initial trustees had taken citizenship of foreign country – Order of CIT(E) rejection of registration and application u/s 80G is set aside .[S.80G ,FEMA , 1999, S.6(5), Indian Trust Act 1882 , S 10,.60, 73 ]
Global Academy of Emergency Medicine v. CIT( 2018) 196 TTJ 273 / 171 DTR 73/(2019) 175 ITD 96 (Delhi) (Trib.)S. 271AA : Penalty – Failure to keep and maintain books of accounts –Documents – International transaction – Transfer pricing – failure to maintain books of account as per rule 10D and failure to furnish documents u/s 92D(1) –No reasonable cause – Liable to penalty [S. 92D, 271G, 273B, Rule 10D]
India Pistons Ltd. v. (2018) 169 DTR 113 / 195 TTJ 358 (Chennai)( Trib)S. 153A : Assessment – Search- Share Capital and Share premium – Statement recorded- No incriminating material was found in the course of search – Order is bad in law . [S. 68,132,132(4) ]
Hindustan Aqua Ltd. v. ACIT (2018) 195 TTJ 76 (Delhi) (Trib) Moon Beverages Ltd v. ACIT ( 2018) 195 TTJ 76 ( Delhi ) (Trib)S. 36(1)(iii):Interest on borrowed capital – Loan taken for purchase of shares – Shares held as stock in trade – Business expenditure – Accepted in earlier year – Allowable as deduction- Department cannot take a different stand . [S. 37(1)]
ITO v. Abhinand Investment Ltd. (2018) 192 TTJ 51(UO) (Kol)( Trib)S. 28(i): Business income -Agricultural income- Contract of growing and transporting grass – Growing and extracting grass – Agricultural Income – Transporting and relaying grass – Service – Business income. [ S. 2(1A),10(1)]
Hortus Consultants Pvt. Ltd. v. ITO (2018) 192 TTJ 465 / 165 DTR 147 (Hyd) (Trib)