S.45: Capital gains- Amount received on transfer of rights to carry on any business is taxable as capital gain and not as business income [ S.28(va),54EC ]
Suklendu A.Baji v.DCIT ( Mum) (Trib)S.45: Capital gains- Amount received on transfer of rights to carry on any business is taxable as capital gain and not as business income [ S.28(va),54EC ]
Suklendu A.Baji v.DCIT ( Mum) (Trib)S. 12AA : Procedure for registration –Trust or institution-Registration cannot be refused on the ground that the Trust deed does not contain dissolution clause .[ S.12A]
CIT ( E ) v. Tara Educational & Charitable Trust ( Bom) (HC)S. 43A : Rate of exchange – Foreign currency – Foreign exchange fluctuation on loan liability on fixed asset being notional and no actual payment was made would not require any adjustment in the cost of the fixed assets on accrual basis , as the S.43A is amended w.e.f 1 st April , 2003 . [ S.37(1) ]
PCIT v. Spicer India Ltd ( Bom) (HC)S. 17(2) : Perquisite -Interest free loan is taxable as perquisites in the hands of employee as per Rule 3 of the IT Rules [S.17(2) (viii) R.3(7)(i) ]
Neha Saraf v. ITO ( Mum) (Trib)Pradhan Mantri Garib Kalyan Yojana Scheme, 2016
S.199C Declaration under Pradhan Mantri Garib Kalyan Yojana Scheme after search and seizure – Retention was held to be valid -Court directed to release of small part of seized amount .[ S. 132, 132B ]
Jaya Balajee Real Media Pvt. Ltd. v. CIT (2018) 404 ITR 124 / 167 DTR 465/ 303 CTR 489 (T&AP) (HC)S. 275 : Penalty – Bar of limitation – Concealment – Notices issued after period of limitation as per first limb of S.275(1)(a) hence barred by limitation [ S. 271(1)(c),275 (1)(a) ]
J. Srinivasan v. ACIT (2018) 404 ITR 51 / 303 CTR 827/ 168 DTR 331(Mad) (HC)S. 260A : Appeal – High Court -Limitation-Delay of 326 days -No reasonable cause -Delay was not condoned .[ Limitation Act, 1963,S.5 ]
Gurpal Singh Brar v. ITO (2018) 404 ITR 58 (P&H) (HC)S. 254(1) : Appellate Tribunal- Powers- Commission-Order of remand was held to be valid [ S.37(1) ]
CIT v. C. S. Seshadri. (2018) 404 ITR 191 (Mad) (HC)S.147: Reassessment —Duty of the Assessing Officer to furnish the reasons recorded to the assessee and proper procedure to be followed -Matter was set a side . [ S.148 ]
Manjula Athur. v. ITO (2018) 404 ITR 177 / 165 DTR 314 (Mad) (HC)S.147: Reassessment-After the expiry of four years- Cash credits – Share application money -Shell companies Bogus accommodation entries – Report from investigation wing having live link with formation of belief – Proviso added by the Finance Act, 2012 with effect from April 1, 2013 did not change the position- Reassessment was held to be valid . [ S. 68, 143(3),148 ]
Aradhna Estate Pvt. Ltd. v. DCIT (2018) 404 ITR 105/ 165 DTR 72/ 304 CTR 531 (Guj) (HC)