S. 249 : Appeal – Commissioner (Appeals) – Form of appeal and limitation – E-filing of appeal is not applicable to order passed prior to 1-3-2016 [ S.246A ]
Ashraf Aziz Kasmani v. ITO (2018) 170 ITD 230/ 66 ITR 301 (Mum) (Trib.)S. 249 : Appeal – Commissioner (Appeals) – Form of appeal and limitation – E-filing of appeal is not applicable to order passed prior to 1-3-2016 [ S.246A ]
Ashraf Aziz Kasmani v. ITO (2018) 170 ITD 230/ 66 ITR 301 (Mum) (Trib.)S. 234D: Interest on excess refund – No additional interest had been computed under S. 234D in the reassessment proceedings and therefore interest is chargeable.
Dy. CIT v. Central Bank of India (2018) 191 TTJ 265/ 161 DTR 1 (Mum.)(Trib.)S. 147 : Reassessment – Issue was not examined during assessment hence reassessment was held to be valid. [ S.194H ]
Bharat Sanchar Nigam Ltd. v. Addl. CIT (2018) 191 TTJ 393 (Delhi)(Trib.)S. 115JA : Book profits – Not applicable to Banking company
Dy. CIT v. Central Bank of India (2018) 191 TTJ 265/ 161 DTR 1 (Mum.)(Trib.)S. 92C : Transfer Pricing – Most appropriate method -Back to back transactions and solitary transaction-Matter restored to TPO .
Dy. CIT v. Calance Software (P) Ltd ( 2017) 82 taxmann.com 390/ . (2018) 191 TTJ 259 (Delhi)(Trib.)S. 54 : Capital gains – Profit on sale of property used for residence – Mere availment of house building loan by assessee from bank for purchasing a new residential unit could not act as a disqualification for claim of exemption .[ S.45 ]
Amit Parekh. v. ITO (2018) 170 ITD 213 (Kol) (Trib.)S. 50C : Capital gains – Full value of consideration – Stamp valuation – Assessee could raise objection to valuation through his return of income, only in the assessment proceedings . No universal principle with regard to being heard in the matter can be laid down and it all depends upon the language of provision and object and purpose of it [ S.45 ]
Jasvinder Hans. v. ACIT (2018) 170 ITD 241 / 164 DTR 249 (Asr) (Trib.)S. 45 : Capital gains –Business income- Sale of shares – Following the rule of consistency, the income from sale of shares is assessable as capital gains and not as business income. [ S.28(i) ]
Dy. CIT v. Central Bank of India (2018) 191 TTJ 265/ 161 DTR 1 (Mum.)(Trib.)S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable –Firm -Partner- When partners of the firm contribute land as stock in trade though provision of S.45(3) would not be applicable , AO can examine reasonableness of payment to partners [ S.45(3) ]
ACIT v. Karuna Estates & Developers. (2018) 170 ITD 249 (Visakh) (Trib.)S.40(a)(ia):Amounts not deductible – Deduction at source – Purchase of raw materials- Not liable to deduct tax at source [S.194C ]
Eshan Minerals (P) Ltd. v. Dy. CIT (2018) 191 TTJ 753 (Pune)(Trib.)