S. 80HHC: Export business-Computation of deduction-Turn over-Scrap sale-For purpose of section 80HHC, proceeds of sale of scrap would not form part of total turnover.[S.260A]
West Coast Paper Mills Ltd v. ACIT [2024] 164 taxmann.com 712 (Bom.)(HC)S. 80HHC: Export business-Computation of deduction-Turn over-Scrap sale-For purpose of section 80HHC, proceeds of sale of scrap would not form part of total turnover.[S.260A]
West Coast Paper Mills Ltd v. ACIT [2024] 164 taxmann.com 712 (Bom.)(HC)S. 69C : Unexplained expenditure-Bogus purchases-Information from Sales Tax Department-Corresponding sales not disputed-Non‑production of suppliers does not justify disallowance of entire purchase amount; only profit element is to be added-Estimate of profit at 12.5% of purchases was affirmed.[S. 148, 260A]
PCIT v. Max Flex and Imaging Systems Ltd [2024] 161 taxmann.com 775 (Bom.)(HC)S. 69C : Unexplained expenditure-Unexplained investments-Bogus purchases-Sales not disputed –Estimate at 12.5%-Only profit element embedded in such purchases is taxable, not the entire amount. [S. 69, 147, 148, 260A]
PCIT v. Rushail Pharmadin (P) Ltd [2024] 163 taxmann.com 195 (Bom.)(HC)S. 69C: Unexplained expenditure-Search and seizure-Notings in diary and loose papers-Assessee’s failure to explain source of funds and nexus of expenditure with developer’s transactions-Concurrent findings of lower authorities upheld.[S.132, 260A]
Isidore Fernandes v. ACIT [2024] 160 taxmann.com 216 (Bom.)(HC)S. 69B : Amounts of investments not fully disclosed in books of account –Undisclosed investment in shares-Alleged stock mismatch-Order of Tribunal deleting the disallowance affirmed. [S. 260A]
PCIT, v. Bhupendra Champaklal Delal [2024] 160 taxmann.com 560 (Bom.)(HC)S. 68: Cash credits-Foreign Currency Convertible Bonds (FCCB)-Onus of proof-Assessee’s duty is to prove identity of immediate subscriber, not ultimate bondholders source of source-Order of Tribunal deleting the addition is affirmed. [S.260A]
PCIT v. Reliance Natural Resources Ltd. [2024] 163 taxmann.com 176 (Bom.) (HC)S. 68 : Cash credits –Received through banking channel-Repaid in subsequent year-Failure to charge interest-Order of Tribunal deleting the addition is affirmed.[S. 260A]
PCIT, v. Bhupendra Champaklal Delal [2024] 160 taxmann.com 560 (Bom.)(HC)S. 68 : Cash credits-Major portion was repaid during the year-Order of Tribunal deleting the addition is affirmed-Additions deleted-Set aside assessment-Additions which were deleted by the CIT(A) in the first round of proceedings and not contested further by the Revenue had attained finality and could not be made again by the Assessing Officer in the set-aside assessment. [S. 254(1), 260A]
CCIT (OSD)/PCIT, Central v. Bhupendra Champaklal Dalal [2024] 160 taxmann.com 645 (Bom) (HC)S. 50B : Capital gains-Slump sale-Gain from transfer of an undertaking as a going concern is assessable as capital gain and not as business income. [S. 28(i), 28(iv) 45, 260A]
PCIT v. Natroyal Industries (P.) Ltd. [2024] 159 taxmann.com 448 (Bom.) (HC)S. 45 : Capital gains-Year of assessability-Contingent consideration-Accrual of income–liable to tax only on the consideration actually received during the year, and not on the entire amount mentioned in the sale deed. [S. 2(47); Transfer of Property Act, 1882, S. 53A]
PCIT v. Rajendra Sitaram Goel [2024] 166 taxmann.com 221 (Bom.) (HC)