S.28(i):Business loss- Value of shares held as stock- Devalued in books to evade tax – Claim being notional loss not allowable as business loss [ S.145 ]
Elem Investments (P.) Ltd. v. ACIT (2018) 172 ITD 58 (Hyd) (Trib.)S.28(i):Business loss- Value of shares held as stock- Devalued in books to evade tax – Claim being notional loss not allowable as business loss [ S.145 ]
Elem Investments (P.) Ltd. v. ACIT (2018) 172 ITD 58 (Hyd) (Trib.)S. 23 : Income from house property – Annual value – When part of the house is occupied during the year and part is let out only actual rent received by the assessee has to be considered. [ S. 22 ]
ACIT v. Satish Kumar Agarwal. (2018) 172 ITD 143 (Jaipur) (Trib.)S. 17 : Perquisite -Employee Stock Option Plans- Tax arises in hands of employees, on date of allotment of shares and not on date of exercise of option. [ S.15, 17(2), 192, 201(1A) ]
Bharat Financial Inclusion Ltd. v. DCIT (2018) 172 ITD 198 (Hyd) (Trib.)S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot exceed amount of exempt income and if there is no exempt income, no disallowance can be made. [ R.8D ]
ACIT v. Satish Kumar Agarwal. (2018) 172 ITD 143 (Jaipur) (Trib.)S. 11 : Property held for charitable purposes – Application of income – Giving funds to various organisations which are carrying out activities of relief to poor or medical relief will constitute application of income .[ S. 2(15) 12AA,13 ]
KPMG Foundation v. ITO (2018) 172 ITD 185 (Delhi) (Trib.)S. 10(37) : Capital gains – Agricultural land – With in specified urban limits – Interest on compensation- Interest awarded under section 28 of Land Acquisition Act, 1894 on enhanced compensation paid for acquisition of agricultural land, would be eligible for exemption. [ S.56, Land Acquisition Act, 1894 ,S.28 ]
ITO v. Sangappa S. Kudarikannur. (2018) 172 ITD 332 (Bang) (Trib.)S. 12A : Registration –Trust or institution- Corpus donations received by trust with specific directions by donors to be applied towards specific purpose be treated as capital receipts- Corpus donation cannot be taxed though the trust is not registered. [ S. 2(24) iia),11, 12AA, ]
Bank of India Retired Employees Medical Assistance Trust v. ITO (2018) 172 ITD 78 / 172 DTR 140 / 196 TTJ 706(Mum) (Trib.)S. 11 : Property held for charitable purposes -Education – Providing hostel facility to students is an essential component of education institution and also an aid for attaining educational object- Entitle to exemption .[ S.2(15) 12, 12AA ]
Shree Ahmedabad Lohana Vidyarthi Bhavan. v. ITO (2018) 172 ITD 11 / 171 DTR 339/ 196 TTJ 131(Ahd) (Trib.)S. 11 : Property held for charitable purposes – Application of income – Giving funds to various organisations which are carrying out activities of relief to poor or medical relief will constitute application of income .[ S. 2(15) 12AA,13 ]
KPMG Foundation v. ITO (2018) 172 ITD 185 (Delhi) (Trib.)S. 6(1) : Resident in India -Scope of total income -Non -Resident – Stationed in Switzerland for 331 days- Rendered his services outside India- Foreign assignment allowance received by him abroad, was not liable to tax in India [ S. 5 (2) ]
DCIT v. Sudipta Maity. (2018) 172 ITD 94 (Kol) (Trib.)