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. 68 : Cash credits -Receipt towards payment for Contract cannot be assessed as unexplained cash-simply because notices could not be served upon the sub-contractor, the transactions could not be held non-genuine .
PCIT v. Swastik Construction. (2018) 407 ITR 42 (Guj) (HC)
S. 68 : Cash credits – Share application money – Persons of insignificant means — Neither the creditworthiness of the creditors nor the genuineness of the transaction stood explained- Order of Tribunal up holding addition is confirmed .
B. R. Petrochem Pvt. Ltd. v. ITO (2018) 407 ITR 87/ ( 2019) 306 CTR 668 (Mad) (HC)
S. 54 : Capital gains – Profit on sale of property used for residence -Construction of residential house – Cost of land is also form cost of residential house –Not necessary that same money from sale of residential asset must be used .[S. 45 ]
C. Aryama Sundaram. v. CIT (2018) 407 ITR 1/ 258 Taxman 10/ 171 DTR 295 / 305 CTR 567 (Mad) (HC)
S. 48 : Capital gains – Property inherited under Will — Amount paid for discharge of encumbrances —Allowable as deduction .[ S. 45, 55 ]
CIT v. Aditya Kumar Jajodia. (2018) 407 ITR 107 (Cal) (HC)
S.40(a)(ia):Amounts not deductible – Deduction at source –
Payment of labour charges through labour contractor — No contract between assessee and sub-contractor — Not liable to deduct tax at source-No disallowance can be made .[ S.194C ]
PCIT v. Swastik Construction. (2018) 407 ITR 42 (Guj) (HC)
S. 37(1) : Business expenditure –Capital or revenue- Business carried on leased premises – Expenditure on repairs and refurbishing is revenue expenditure — Expenditure on erecting structures —Matter remanded – The court also directed that since the lease deeds produced before the court were not registered the Deputy Commissioner was to impound the documents and refer them to the District Registrar for proper stamping and the assessee would also be obliged to register the deeds. [ S.32(1)]
Indus Motor Company Pvt. Ltd. v. DCIT (2018) 407 ITR 112 /253 Taxman 97 / 161 DTR 377 /301 CTR 715 (Ker) (HC) Editorial: SLP is granted to revenue, Dy. CIT v. Indus Motor Co. (P) Ltd ( 2018) 257 Taxman 259/ 406 ITR 19 (St.) ( SC)/ 257 Taxman 559 (SC)
S. 14A : Disallowance of expenditure – Exempt income –Investment in shares – Not from borrowed funds –No disallowance can be made. [S. 10(34), R.8D ]
PCIT v. Rasoi Ltd. (2018) 407 ITR 126 (Cal) (HC)
S. 12A : Registration –Trust or institution- when there is no change in objects of Trust , registration cannot be cancelled on the ground that there was amendment in respect of appointment of chief trustees and manner of managing the trust .[ S.11, 12AA(3), 13 ]
CIT( E ) v. Sadguru Narendra Maharaj Sansthan. (2018)407 ITR 12 (Bom) (HC)
S. 12A : Registration –Trust or institution- Cricket association holding commercial tournaments on behalf of Board of Control for cricket in India is entitle exemption . The court admitted the appeal on the question whether the Tribunal erred in holding that even after addition to the objects clauses of the assessee-trust made without intimation to the Department, the registration could not be ipso facto cancelled under section 12AA(3) on the ground that the registration granted under section 12A and the benefits flowing therefrom, could not continue after amending the objects without the approval of the competent authority. [ S.2(15) 12AA(3), 260A ]
PCIT v. Maharashtra Cricket Association. (2018) 407 ITR 9 (Bom) (HC)
Direct Tax Dispute Resolution Scheme, 2016- Finance Act , 2016
S.208: Scheme not to apply in certain cases -Acceptance of loans or deposits-Penalty under S. 271D and 271E for contravention of S. 269SS will be entitled to have their applications processed for benefit of Direct Tax Dispute Resolution Scheme, 2016. [ ITA, S. 269SS,271D, 271E ]
JCIT v Grihalaksh films ( 2018) 405 ITR 75 / 96 taxmann.com 175 / 169 DTR 70( Ker) (HC) Editorial: SLP of revenue is dismissed , JCIT v. Grihalaksh films. (2018) 257 Taxman 188 (SC)