Year: 2020

Archive for 2020


Arihant Constructions v. ACIT (2020)77 ITR 171 (Vishakha)(Trib.)

S. 147 : Reassessment–With in four years-Depreciation at higher rate-Not examining the issue at the time of original assessment– Reassessment is held to be valid. [S. 32, 143(1)]

Adarsh Agrawal v. ITO (2020) 77 ITR 52 (SN) (Delhi)(Trib.)

S. 147 : Reassessment–With in four years-Search and seizure– Alleged cash loans–Parties denying cash loans-Reassessment is held to be nor valid–Correct legal course could have been action u/s. 153C and not reassessment–Addition is deleted. [S. 132, 153A, 153C, 148]

Reddipalli Srinivas v. ACIT (2020) 77 ITR 59 (SN) (Vishakha) (Trib.)

S. 147 : Reassessment-After the expiry of four years-Survey– Difference of labour charges-No failure to disclose material facts-Reassessment is held to be not permissible. [S. 133A, 148]

Tarun Goel v. ITO (2020) 77 ITR 133 (SN) / 196 DTR 272/ 204 TTJ 464 (Jaipur)(Trib.)Arun Goel v ITO (2020)77 ITR 133/ 196 DTR 272/ 204 TTJ 464 ( Jaipur) (Trib) Pink City Reality (P) Ltd v .ITO (2020)77 ITR 133/ 196 DTR 272/ 204 TTJ 464 ( Jaipur) (Trib)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts–CIT granting two approvals of the same recorded reasons-Reassessment is held to be bad in law–Seized material not containing any incriminating materials–Addition is held to be not justified. [S. 69B, 148, 151]

Alcatel Lucent India Ltd. v. ACIT (2020) 77 ITR 694 (Delhi)(Trib.)

S. 147 : Reassessment-After the expiry of four years-No new tangible material-AO seeking to correct error in original assessment – Held to be not permissible. [S. 148]

MNP Turnmatics v. ITO (2020) 77 ITR 31 (SN) (Delhi)(Trib.)

S. 143(3) : Assessment-Survey-Difference in stock-Statement recorded during survey not under oath-Retraction of statement with explanation-Addition is held to be not justified. [S. 133A]

Hathway Cable And Datacom Ltd. v. Dy.CIT (2020) 77 ITR 55 (SN) (Mum.)(Trib.)

S. 92C : Transfer pricing–Arm’s length price–Broad casting-Multi-system operator in distribution of television channels-Adjustment of 10 %-Ad hoc determination of Arm’s length price is unsustainable. [S. 40A (2)(b)]

Evalueserve.Com Pvt. Ltd. v. Dy. CIT (2020) 77 ITR 97 (Delhi)(Trib.)

S. 92C : Transfer pricing–Arm’s length price-Comparable-Information Technology enabled services-Companies which are providing knowledge process outsourcing services, medical transcription services, development of infrastructure, high brand value are held to be not comparable. [S. 92CA]

Rishabh Sahkari Sakh Sanstha Mydt v. ITO (2020) 77 ITR 26 (SN) (Indore)(Trib.)

S. 80P : Co-operative societies-Provision for bad debt-Commission expenses-Deductible. [S.80P(2)]

Lunawada Taluka Primary School Teachers Co-Op. Credit Society Ltd. v. ITO (2020) 77 ITR 46 (SN) (Ahd.)(Trib.) Vir Transport Operator Co-Op. Credit and Services Society v. ITO (2020)77 ITR 46 (SN) (Ahd.)(Trib.)

S. 80P : Co-operative societies-Interest from Nationalised Banks-Not entitled to deduction-Net interest from deposits with Scheduled Bank to be excluded from computation of deduction-Interest from Co-Operative Societies or Co-Operative Banks-Entitled to deduction-Net interest to be allowed as deduction. [S.80P(2)(a)(i), 80P(2)(d)]