S. 14A : Disallowance of expenditure-Exempt income – Mixed funds-Having sufficient own funds–No disallowance can be made. [R. 8D]
CIT v. Gujarat State Fertilizers And Chemicals Ltd. (2018) 409 ITR 378 (Guj.)(HC)S. 14A : Disallowance of expenditure-Exempt income – Mixed funds-Having sufficient own funds–No disallowance can be made. [R. 8D]
CIT v. Gujarat State Fertilizers And Chemicals Ltd. (2018) 409 ITR 378 (Guj.)(HC)S. 264 : Commissioner-Revision of other orders–Appeal filed was withdrawn–Revision application is maintainable-Writ petition is maintainable against the revision order -Sale of agricultural land-In the assessment of Co-owner the land was accepted as agricultural land–Rejection of revision application was held to be not valid–Matter remanded. [S. 45, 264(4)(a)]
Pallavarajha v. CIT (2018) 409 ITR 282/ 176 DTR 115/ 311 CTR 451 (Mad.)(HC)S. 254(1) : Appellate Tribunal – Duties- Reassessment —Tribunal reversing decision of Commissioner (Appeals) without cogent reasons — Order of Tribunal is held to be not valid. [S. 147]
Prime Chem Oil Ltd. v. ACIT (2018) 409 ITR 309 (Raj.)(HC)S. 254(1) : Appellate Tribunal–Duties-Reversal of findings of fact of Assessing Officer by Tribunal without recording reasons and also not deciding the cross appeal filed by the department- Matter remanded to Tribunal for fresh adjudication. [S. 80IB]
PCIT v. Montage Enterprises Pvt. Ltd. (2018) 409 ITR 185 / 305 CTR 444/ 171 DTR 70 (Delhi)(HC)S. 195 : Deduction at source-Non-resident-Payment for technical services rendered outside India–Amendment with retrospective effect from 1-4-1962- Not liable to deduct tax at source. [S.9(1)(1) (vii)]
CIT v. Motif India Infotech (P.) Ltd. (2018) 409 ITR 178 (Guj.) (HC)S. 147 : Reassessment—Notice issued based on overruled judgment is illegal and improper. [S. 43D, 148]
Aravali Kshetriya Gramin Bank v. ACIT (2018) 409 ITR 242 (Raj.)(HC)S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts- Reassessment is bad in law. [S. 148]
CIT v. Santech Solutions Pvt. Ltd. (2018) 409 ITR 301 (Mad.)(HC)Editorial: SLP dismissed due to low tax effect, PCIT v. Santech Solutions Pvt. Ltd ( 2019) 263 Taxman 248 (SC)S. 92C : Transfer pricing–Arm’s length price–Comparable- Working capital adjustment–Question of fact–No substantial question of law. [S. 260A]
CIT v. Goldman Sachs Services P. Ltd. (2018) 409 ITR 268 (Karn) (HC)S. 68 : Cash credits—Credit entries in bank account is not explained satisfactorily–Genuineness of transaction is not proved -Order of Tribunal confirming the addition is held to be justified. [S. 69A]
Kailash Swaroop Agarwal v. CIT (2018) 409 ITR 210 (Raj.)(HC)S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Liability continued to be shown in balance-sheet — Addition cannot be made as deemed income.
CIT v. Eco Auto Components Pvt. Ltd. (2018) 409 ITR 202 (P&H) (HC)