Month: October 2019

Archive for October, 2019


Vijay Kumar v. ITO (SMC) (Chd)(Trib), www.itatonline.org

S. 143(3): Assessment- If the case is selected for limited scrutiny of a specific issue, the AO has no jurisdiction to make additions or disallowances on other issues.

Suman Poddar v. ITO ( 2019) 112 taxmann.com 329/ (2020) 268 Taxman 321 / 423 ITR 480 / 191 DTR 116 / 315 CTR 563 (Delhi)(HC), www. Itatonline.org Editorial: SLP of the assessee is dismissed , Suman Poddar v. ITO (SLP No. 26864/2019 dt 22-11-2019 ( 2020) 268 Taxman 320 (SC)

S.69: Income from undisclosed sources- Penny stock –Return of 491 % – Bogus long term capital gains- Stock Exchange has identified Cresssanda Solutions Ltd as penny stock being used for obtaining bogus long term capital gains- No evidence of actual sale except contract notes issued by share Broker were produced – Denial of exemption is held to be justified .[S.10(38), 45 ]

CIT v. S. Gowri (Smt.) (2019) 417 ITR 45 (Mad.)(HC) Editorial : SLP of revenue is dismissed CIT v. S. Gowri (Smt.) (2019) 417 ITR 45 (SC)

S. 271(1)(c) : Penalty–Concealment–Legal representative-After initiation of penalty proceedings death of the assessee-Penalty proceedings cannot be continued against his legal representatives. [S. 159]

Chemmancherry Estates Company v. CIT (2019) 417 ITR 314 /( 2020) 268 Taxman 29(Mad.)(HC)

S. 271(1)(c) : Penalty–Concealment–Land shown as agricultural- Undertaken work to develop housing plots on land–Furnishing inaccurate particulars–Levy of penalty is held to be justified.

New White Rose CHS Ltd. v. Appropriate Authority (2019) 417 ITR 122 / 310 CTR 781/182 DTR 25//(2021) 124 taxmann.com 444 (Bom.)(HC)Editorial : Appropriate Authority v. New White Rose Chs Ltd (2021) 278 Taxman 279 (SC ) , SLP of revenue dismissed ,by observing that , CBDT, while taking a decision, shall not be influenced by the observations made in paragraphs 19 and 20 of the judgment of the High Court and shall decide the matter in accordance with law.

S. 269UC : Purchase by Central Government of immoveable properties – Restrictions on transfer-Chapter XX-C of Income-Tax Act Litigation between owner and department-Writ petitions by original assessees withdrawn in 2016-Income-Tax Department had not taken any steps to take possession of land from 1994 to 2017—High Court directing Income-Tax Authorities to take conciliatory action under Section 119(2) of the Act. [S. 119(2), S. 269UD, 269UG, Art.226]

Bright Packaging Private Ltd v. ACIT (2019) 417 ITR 360 (Karn.) (HC) Editorial : Decision of single judge is affirmed, Bright Packaging (P.) Ltd. v. ACIT (2018) 256 Taxman 29 (2019) 417 ITR 356 (Karn.)(HC)

S. 226 : Collection and recovery–Stay–Single judge directed the assessee to deposit 40 percent of total enforceable demand and furnish sufficient security for 35 percent of the total enforceable demand. [S. 220, 226(3)]

PCIT v. Dishman Pharmaceuticals and Chemicals Ltd. (2019) 417 ITR 373/ 112 taxmann.com 91 /(2020) 190 DTR 307 (Guj.)(HC)

S. 195 : Deduction at source-Non-resident-When the payment is not taxable–Not liable to deduct tax at source.

PCIT v. Associated Mining Co. (2019) 417 ITR 420/ 194 DTR 364 /( 2020) 312 CTR 531(Karn.)(HC)

S. 153A : Assessment–Search-Block assessment-Search warrant in the name of firm–Documents seized–Subsequent change of address of firm–Search not invalidated–Assessment is held to be valid. [S. 132]

Nanduben Ratilal Patel v. DCIT (2019) 417 ITR 31 /(2020) 188 DTR 292 (Guj.)(HC)

S. 148 : Reassessment–Notice issued to deceased person-Legal Representative of such person not waiving right to notice-Notice is held to be invalid. [S. 147, 292B]

Komalkant Faikirchand Sharma. v. DCIT (2019) 417 ITR 11/ 265 Taxman 284/ 183 DTR 225/ 311 CTR 705 (Guj.) (HC)

S. 148 : Reassessment-Settlement of cases-Order passed by Settlement Commission-Notice of reassessment in respect of issues covered by such order is held to be not valid. [S. 147, 245C, 245D(4), 245I, Art. 226]