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. 69 : Income from undisclosed sources—Bogus purchases- Purchases were not part of sales shown by the assessee- Bogus purchase for suppressing the profits of the business- Addition is held to be justified.
Shree Krishana Kripa Feeds v. CIT (2019) 410 ITR 533/ 260 Taxman 337/ 307 CTR 220/ 175 DTR 18 (P&H)(HC)
S. 68 : Cash credits—Unsecured loans-Explanation was not satisfactory – Addition is held to be justified.
Shree Krishana Kripa Feeds. v. CIT (2019) 410 ITR 533/ 260 Taxman 337/ 307 CTR 220/ 175 DTR 18 (P&H)(HC)
S. 37(1) : Business expenditure–Capital or revenue-Pre-Operative expenses -Expenditure incurred on estimate basis could be reduced from dividends-Transfer pricing adjustment to consultancy charges-High Court has failed to independently evaluate the merits-Matter remanded to High Court for fresh consideration. [S. 80M, 92C]
CIT (LTU) v. Reliance Industries Ltd. (2019) 410 ITR 466 / 175 DTR 1 / 307 CTR 121/ 261 Taxman 165(SC) Editorial : Order of Bombay High Court in CIT (LTU) v. Reliance Industries Ltd.( ITA Nos 1550/ 1592/ 1775 and 1881 of 2014 dt 22-08 2017 , 23 -08 2017 is affirmed ( 2018) 161 DTR 420 /(2019) 410 ITR 468 (Bom)(HC)
S. 12AA : Procedure for registration –Trust or institution-High Court directing inquiry allegations regarding irregularities committed by charitable institution – During pendency of inquiry registration cannot be cancelled. [S. 11]
CIT v. Emmanuel Bible Institute Samiti. (2019) 410 ITR 518/ 264 Taxman 42 (Mag.) (Raj)(HC) Editorial : SLP of revenue is dismissed CIT v. Emmanuel Bible Institute Samiti (2018) 407 ITR 19 ( St)
S. 271C : Penalty – Failure to deduct at source – Interest- Failure to deduct tax at source at the time of credit of payee-No reasonable cause is shown -Liable to penalty. [S. 194A(4), 273B]
Union Bank of India v. ACIT ( 2018) 172 DTR 337 / 305 CTR 994/(2019) 260 Taxman 23 / 415 ITR 422 (All)(HC)