This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 127 : Power to transfer cases – Transfer from Ahmedabad to Moradabad -Transfer for effective and co-ordinated investigation and centralisation of cases — Order of Transfer is held to be valid.
Genus Electrotech Ltd. v. UOI ( 2018) 402 ITR 221 (Guj) (HC)
S. 127 : Power to transfer cases -The existence of agreement between two jurisdictional Commissioners is a condition precedent for passing the order of transfer. The agreement cannot be implied because S. 127(2) (2) (a) contemplates a positive state of mind of the two jurisdictional CITs. Absence of disagreement cannot tantamount to agreement.
Rentworks India Private Ltd v. PCIT( 2018) 161 DTR 371/ 300 CTR 294 ( Bom)(HC)
S. 127 : Power to transfer cases -Transfer from one officer to another officer in same City for co-ordinated investigation of cases involving transactions to avoid tax was held to be valid .Opportunity of hearing is not mandatory .
Nilesh Natwarlal Sheth. v. ACIT (2018) 402 ITR 407 (Guj) (HC)
S. 119 : Central Board of Direct Taxes- Powers- Condonation of delay in making investment- Power must be exercised in a judicious manner – Order of CBDT is set aside [ S. 54EC, Art . 226 ]
Dr. Sujatha Ramesh (Smt.) v. CBDT (2018) 401 ITR 242 (Karn) (HC)
S. 115JB : Book profit – Provision is not applicable to foreign companies
AB Holdings, Mauritius-Ii, In re. (2018) 402 ITR 37/ 163 DTR 225 (AAR)
S. 115JB : Book profit – Provision is not applicable to foreign companies
“AB” Mauritius, In re (2018) 402 ITR 311/ 163 DTR 170 (AAR)
S. 115JB : Book profits – Non-Resident — Preparation of accounts under Special Acts — Minimum Alternate tax Provisions was held to be not applicable.
Bank of Tokyo-Mitsubishi, UFJ Ltd. v. DCIT (2018) 61 ITR 272 (Delhi) (Trib)
S.115JB:Book profits – Depreciation-AO has no power to make adjustment other than the adjustment as provided in Explantion1
DCIT v. Cauvery Aqua Pvt. Ltd. (2018) 61 ITR 734 (Bang) (Trib)
S. 115JB : Book profits – Exempt income – Disallowance under section 14A can be invoked while computing book profit is a question of law [ S.14A, 260A ]
CIT v. Reliance Industries Ltd ( 2018) 161 DTR 420// ( 2019) 410 ITR 468 ( Bom) (HC)
S. 115BBC : Anonymous donations – Donor denied having given any donation to trust hence addition was held to be justified [ S. 10(23C) ]
ACIT v. Gurudatta Shikshan Sanstha. (2018) 168 ITD 191 /192 TTJ 191 /165 DTR 70 (Pune) (Trib.)