S.271(1)(c ): Penalty –Concealment – Inadvertently claimed higher rate of 40% depreciation instead of 25%- Bona fide mistake –Deletion of penalty is held to be justified .[ S.32 ]
PCIT v. Bunge India Pvt. Ltd. (2018) 407 ITR 225 (Bom) (HC)S.271(1)(c ): Penalty –Concealment – Inadvertently claimed higher rate of 40% depreciation instead of 25%- Bona fide mistake –Deletion of penalty is held to be justified .[ S.32 ]
PCIT v. Bunge India Pvt. Ltd. (2018) 407 ITR 225 (Bom) (HC)S. 263 : Commissioner – Revision of orders prejudicial to revenue –Direction of Commissioner to make certain additions- Tribunal reversed the finding of Commissioner-Question of fact. [ S.260A ]
PCIT v. Anjali Jewellers Pvt. Ltd. (2018) 407 ITR 258 (Cal) (HC)S. 260A : Appeal – High Court -High Court has power to review- High Court recalled the order and remanded the matter to Tribunal.[S.253]
B. Jayalakshmi (Smt) v. ACIT (2018) 407 ITR 212 /258 Taxman 318/( 2019) 308 CTR 51/ 174 DTR 310(Mad) (HC)S. 254(1) : Appellate Tribunal – Powers-Tribunal cannot go beyond question in dispute- When the amounts could not have been added under section 68 , the Tribunal was not competent to make the addition under section 69A -The order of the Tribunal was vitiated in law-Matter remanded to the Tribunal. [ S.68, 69A ]
Sarika Jain (Smt.) v. CIT (2018) 407 ITR 254 (All) (HC)S. 144 : Best judgment assessment – Low net profit – Tribunal remanded the matter for re examination- No question of law .[ S.260A ]
Cheil India Pvt. Ltd. v. CIT (2018) 407 ITR 304 (Delhi) (HC)S. 132(4) : Search and seizure – Statement on oath –Block assessment -Declaration after search has no evidentiary value — Additions cannot be made on basis of such declaration. [ S. 158BC ]
CIT v. Shankarlal Bhagwatiprasad Jalan. (2018) 407 ITR 152 (Bom) (HC) Editorial: SLP of revenue is dismissed , CIT v. Shankarlal Bhagwatiprasad Jalan. (2018) 405 ITR 14 (St)S. 80IA :Industrial undertakings – Prior to assessment Year 1999-2000 benefit under Section 80IA is available without exclusion of deduction Under S.80HHC –Sub –section (9a) with effect from 1-4-1999 is prospective-Circulars binding on revenue -Liberal interpretation — Retrospective operation of provisions. [ S.80HHC, 119 ]
Indian Gum Industries Ltd. v. JCIT (2018) 407 ITR 261 / 169 DTR 393/ 304 CTR 877 (Bom) (HC)S.68: Cash credits —Evidence of loan and creditworthiness of lenders were furnished –Amount not assessable as cash credits.
Pendurthi Chandrasekhar v. DCIT ( 2018) 407 ITR 179/ (2019) 175 DTR 73 / 307 CTR 249(T&AP) (HC)S. 56 : Income from other sources –Gifts from relatives-Maternal aunt- Gift need not be on a particular occasion-Addition cannot be made as income from other sources [ S.56 (2)(v)68 ]
Pendurthi Chandrasekhar v. DCIT ( 2018) 407 ITR 179 / ( 2019) 175 DTR 73/ 307 CTR 249 (T&AP) (HC)S. 43B : Certain deductions on actual payment -Excise duty — Unutilised modvat credit of earlier years, which is adjusted in current Assessment Year, cannot be treated as actual payment. Customs duty and sales tax of earlier years is allowable as deductions.[ S.145A ]
CIT v. Maruti Udyog Ltd. (2018) 407 ITR 159 /( 2019) 308 CTR 682(Delhi) (HC)