S. 68 : Cash credits-Variation in closing balance in bank statement and debit balance in books Income—Advance received- Not proved satisfactorily–Addition is held to be justified.
R. Natvarlal Parekh v. ITO . (2018) 172 DTR 397 (Bom.)(HC)S. 68 : Cash credits-Variation in closing balance in bank statement and debit balance in books Income—Advance received- Not proved satisfactorily–Addition is held to be justified.
R. Natvarlal Parekh v. ITO . (2018) 172 DTR 397 (Bom.)(HC)S. 68 : Cash credits-Share Capital—Survey – Bogus accommodation bills to various concerns including assessee and its sister companies—PAN no – Affidavit of investors- Acknowledgement of filing of return -Deletion of addition by the Tribunal is held to be justified.
PCIT v. Acquatic Remedies Pvt. Ltd. (2018) 171 DTR 426 (Bom.)(HC)S. 68 : Cash credits – Share capital- Most of the address of share holders are identical-They could not be traced despite issue of notice u/s 131 of the Act –Affidavits are similarly worded- .Addition is held to be justified. [S. 131]
DRB Exports Pvt. Ltd. v. CIT (2018) 169 DTR 193 / 305 CTR 95 (Cal)(HC)S. 45 : Capital gains–Long term capital gains-Firm-Retirement- Amount received by retiring partner as good will is held to be not taxable as capital gains.
PCIT v. R.F. Nangrani (HUF) (2018) 167 DTR 28 / 304 CTR 12 (Bom.)(HC)S. 36(1)(ii) : Bonus or commission- Directors and employees- payment of bonus was part of employment agreement and it was a performance based payment—Allowable as deduction.
PCIT v. New Silk Route Advisors P. Ltd. (2018) 170 DTR 257 (Bom.)(HC)S. 11 : Property held for charitable purposes-CIT(A) can set aside an assessment order, if AO fails to comply the direction of CIT(A) in an earlier order while granting relief to the assesse. [S. 11(5) 13(1)(d), 250]
Cotton Textiles Exports Promotion Council v. ITO (2018) 169 DTR 141 (Bom.)(HC)S. 10A : Free trade zone–Total turnover–Export turn over– Deductions on freight, telecommunication and insurance attributable to delivery of computer software are to be allowed from total turnover-Eligible for exemption export should earn foreign exchange, it does not mean that undertaking should personally export goods manufactured /software developed by it outside Country.
PCIT v. Arowana Consulting Ltd. (2018) 171 DTR 445 / (2019) 306 CTR 238 (Karn.)(HC)S. 10(10C) : Public sector companies-Voluntary retirement scheme –Employee of ICICI Bank –Entitle to exemption.
R.M. Lakshmanan v. CIT (A) (2018) 170 DTR 140 (Mad.)(HC)S. 4 :Charge of income-tax –Non –compete fee-Held to be capital receipt .
CIT v. Tara Sinha. (2017) 158 DTR 193/ (2018) 305 CTR 522 (Delhi)(HC)S. 3 : Prohibiton of benami transaction-Payment of advance salary by employer to its employee to defeat purpose of demonetisation didn’t come under purview of Benami Transaction. [S.24, 46 ]
G. Bahadur v. K. Visakh ACIT (2018) 259 Taxman 556 (PBPTA-AT)