2019-TIOL-NEWS-097 Part 2 | Thursday April 25, 2019

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CASE STORY
 
DIRECT TAX

2019-TIOL-187-SC-IT

Sonia Gandhi Vs ACIT

Having heard the parties, the Supreme Court directed the Registry to post this batch of Special Leave Petitions in the week commencing 19 August 2019, for final disposal.

- Case deferred : SUPREME COURT OF INDIA

2019-TIOL-912-HC-DEL-IT

CIT Vs Kohinoor Foods Ltd

Whether invocation of revisional powers by the CIT without holding an independent inquiry to repudiate the conclusions arrived at by the AO in the assessment order, is erroneous - YES: HC

- Revenue's appeals dismissed: DELHI HIGH COURT

2019-TIOL-847-ITAT-DEL

Dharampal Satyapal Ltd Vs DCIT

Whether mere genuineness of cash expenditure, is sufficient to determine disallowance u/s 40A(3) - NO: ITAT

Whether excessive cash payments calls for disallowance u/s 40A(3), if no business exigency or any other situation falling in to exception of Rule 6DD was shown to exist by the taxpayer - YES: ITAT

Whether when non-interest-bearing funds available with a firm far exceeded loans & advances given to its sister concern at lower interest rate or without charging interest, then no disallowance u/s 36(1)(iii) on account of interest expenditure is warranted - YES: ITAT

Whether mere giving cheques from cash credit account, is sufficient to infer utilization of borrowed funds - NO: ITAT

Whether any approach of loading of cost on goods, which are transferred from one undertaking to another without determination of market price of such goods, is the mandate of provisions of section 80IA(8) - NO: ITAT

Whether any additional profit markup is required to be added, when only costs have been allocated and no identification of any specific services provided by such units to eligible unit is found - NO: ITAT

Whether allocation of common cost to eligible undertaking, does not calls for charging of markup - YES: ITAT

Whether royalty payment for two different brands cannot be compared to ascertain the market value - YES: ITAT

Whether presence of 'incriminating evidence' and its nexus to seized documents, is required to be established for making additions on account of inflated expenditure - YES: ITAT

- Assessee's appeal partly allowed: DELHI ITAT

2019-TIOL-834-ITAT-AHM

DCIT Vs Landmark Cars East Pvt Ltd

Whether depreciation can be claimed on the cost of goodwill for which extra consideration is paid while acquiring the business of a going concern - YES : ITAT

- Revenue's appeal dismissed : AHMEDABAD ITAT

2019-TIOL-833-ITAT-AHM

Parulben Rajubhai Trivedi Vs ITO

Whether duty cast upon the assessee with regard to the loan taken stands discharged if identity and the genuineness of the loans taken through banking channel has gained sanctity - YES : ITAT  

- Assessee's appeal allowed : AHMEDABAD ITAT

2019-TIOL-832-ITAT-DEL

Sanjeev Aggarwal Vs ACIT

Whether if making addition based on general finding is not appropriate, the case should be remanded to arrive at the proper findings - YES : ITAT

- Case Remanded : DELHI ITAT 

2019-TIOL-831-ITAT-DEL

Singhal Exim Pvt Ltd Vs ITO

Whether the case should be remanded to reconsider the addition made u/s 68 if addition is made by the AO in hurry without discussing and considering the evidences produced by assessee - YES: ITAT

- Case Remanded : DELHI ITAT

2019-TIOL-830-ITAT-DEL

Akshay Jain Vs DCIT

Whether when the nature of credit stands fully explained and there is no nexus to show that unaccounted money has been routed under the garb of share trading, then income from such activity cannot be taxed u/s 68 - YES: ITAT

- Assessee's appeal allowed : DELHI ITAT

 
UPDATES FROM TIOL SISTER PORTALS

TII

TP - Distributor incurring substantial AMP expenses cannot be compared with routine distributor under Resale price method: ITAT

TP - Advances made to overseas AEs in foreign currency, need to be benchmarked as per LIBOR and not Indian PLR rates: ITAT

TP - ALP in case of loans advanced to AEs should be determined based on rate of interest being charged in recipient country where such loan is availed: HC

DTAA - Management fee received by foreign entity from its Indian subsidiary, cannot be construed as 'FTS' but 'business profit', if no technical skill is made available for such payment: ITAT

TP - No adjustment is mandated in cases of issuance of Corporate Guarantees by holding company for benefit of its subsidiary company: ITAT

TP - Transfer pricing adjustment should not exceed amount of margin retained by overseas AEs in international transaction: ITAT

TIOLCORPLAWS

PMLA - Provisions of CrPC may be relied on as residuary provisions in PMLA proceedings but upon conflict between provisions of both Acts, those of PMLA would prevail over CrPC: HC

SEBI, 1992 - Defence of small investor is not tenable if there is prove of circular trading in substantial volume of shares between interconnected entities resulting into manipulation of scrip : SAT

 

 

 

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NEWS FLASH

Govt notifies industry engaged in production of fuel gases as Public Utility Service

ICAI to hold examination for International Taxation course on June 4 & 7

Sexual harassment charge against CJI - Justice Ramana opts out of probe panel

UN convenes historic tax summit - Pressure mounts on OECD to reform pre-World War II rules

 
GUEST COLUMN

By Abhijit Saha

Interest On Delayed Payment Of GST

Recently Telangana High Court in the case of M/s Megha Engineering and Infrastructures Ltd. - 2019-TIOL-893-HC-Telangana-GST has decided on a very interesting point...

 
RBI CIRCULAR

rbi19cir33

Investment by Foreign Portfolio Investors (FPI) in Debt - Review

 
ORDER

CBDT Order No 2

CBDT grants Senior Time Scale to 27 officers

 
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