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SCA 17118/14. Dt. 8 & 9 /8/16. Devraj infrastructures ltd. Guj. H C

Held, Certificate f local authority is an essential requirement for deduction u/s 80IA(4), but appending evidence for completion of work for commencement of industrial park cannot be ignored for issuance of notification by CBDT if substantial requirements  for project completion are complied with.

R K Patel

TA 648/07. Dated 4/8/16. Patel gokul jeram. Gujarat high court

Deleted penalty u/s 271E based on circular applied  in decision.

R K Patel

Gujarat high court. TA 801/2007, dated 10/8/16

held, Investment in shares to be proved by revenue to hold assessee is liable for tax towards undisclosed capital gains.

R K Patel

Bharatkumar. R. Joshi. Gujarat high court. Tax appeal 1474 / 2008, dated 1/8/16.

Held that no addition sustainable on base of jottings having no nexus with business of assessee.

R K Patel

Please take a print from Gujarat High Couet website. I am unable to annex, though I tried my best.

TA 207/2008. Ramanlal B Patel. Gujarat H . C. Dt. 20/7/16.

Addition not sustainable if based solely on statement retracted and order is a nullity due to lack of opportunity of cross examination.

R K Patel

GUJARAT HIGH COURT. SOMA TEXTILES. TA 1286/09. Dt. 18.7.16
Even if quantum addition is confirmed, penalty u/s 271(1)(c) not leviable though auditor has made a mistake in his report of non disclosure and books are not produced at assessment stage.

R K Patel

M/S. L M Patel & sons. TA 376/2007. Dt. 13/7/16. GUJ H C

Held, There has to be an adjustment entry of valuation of closing stock in subsequent year as a consequence to accepted VDIS proceedings.

R K Patel

Gujarat high court. TA 1437/2007. Chetnaben  J. Shah Dt. 14/7/16

Held, Mere speculation of earning of income cannot be a ground for addition based on statement in search without any support of docement or corroborative evidence.
CBDT circulars considered by court.

R K Patel

TA 725 / 2006. Aman biocol. Dt. 5/7/16. GUJ. H C 

Court held that if money is withdrawn from bank and paid for purchases of raw material and production has resulted, s.69 C fails , more so if income of assessee is exempt.

R K Patel

Guj. H. C. TA 1255/2009 & others. Dt. 1/7/16, Prashant oil mill.

Held, If books are rejected u/s 145, specific additions cannot be made based on those books and best judgement is to be done on basis of history and nature of business and net profit rate in previous year.

R K Patel

TA 1349 / 2008. Dt. 16/6/16. Bipinchandra Bhatia. (Guj.)

Held, Penalty u/s 158BFA is not automatic and is not leviable simply as a consequence to confirmation of quantum additions in appeals.

R K Patel

TA 233/2016. Dt. 16/6/16. B A Research. Guj. H C.

Interpretation of s. 80IB(8A) & R. 18D & DA

R K Patel

Sahjanand medical technologies. SCA 3399 / 2016. Dt. 15/6/16. (Guj)

Held, Reopening invalid if at instance of dictates of Audit party resorting to instruction no. 16 dt. 31/10/13 when Assessing officer differs from view of audit party.

R K Patel

Guj. H C. TA 414 / 2007. Dt. 14/6/16. M/s Pruthvi Associates.

Held, Stamp duty paid for execution of contract is a revenue expenditure.

R K Patel