Year: 2020

Archive for 2020


Mahesh Software Systems P. Ltd. v. ACIT (2019)75 ITR 100/ 112 Taxmann.com 354 (2020) 181 ITD 524 (Pune)(Trib.)

S. 199 : Deduction at source–Credit to tax deducted–Point in time –Credit in the year in which income is assessable-TDS credit is allowed. [R. 37BA]

Organon (India) Ltd. v. Addl. CIT (2019) 179 DTR 1 / 200 TTJ 635 (Kol.)(Trib.)

S. 195 : Deduction at source-Non-resident-Other sums-Payment for purchase of software was in the nature of business income, in the absence of PE, tax was not required to be deducted on such payments. [S. 37, 92]

Navnirman Highway Project Pvt. Ltd. v. DCIT (2019) 75 ITR 67 (Delhi)(Trib.)

S. 194H : Deduction at source–Bank guarantee commission–No principal-agent relationship–Not liable deduct tax at source. [s. 2(28A) and 194A(3)(iii)]

Ultimate Builders v. ACIT (2019) 183 DTR 179 / 202 TTJ 91 / 74 ITR 566 (Indore)(Trib.)

S. 153A : Assessment-Search or requisition-Addition made towards undisclosed income on the basis of statement made after the period of search-having no nexus with the incriminating material found during search–not sustainable. [S. 132(4)]

Dy. CIT v. Madhyam Housing Pvt. Ltd. (2019)76 ITR 82 (Delhi) (Trib.)

S. 153A : Assessment–Search-Addition to income on account of receipt of share application money and premium-AO not referring to any seized material or other material found during course of search-Addition is unsustainable.

Naina Saluja v. DCIT (2019) 76 ITR 135 (Luck.)(Trib.)

S. 153 : Assessment-Limitation-Capital gains-Reference to valuation officer–No extension of time for assessment as in case of reference under S. 142A-Assessment order to be passed on or before 31.03.2016 whereas the same was passed on 19.05.2016-Order barred by limitation. [S. 45, 50C, 55A, 142A]

Mukesh Chand Garg v. ITO (2019) 76 ITR 344 (Delhi)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Approving authorities giving approval in mechanical manner-Reassessment invalid-Department failing to bring on record any evidence of income earned by assessee-Entire amount of doubtful transactions added as assessee’s additional income-Impermissible. [S. 147, 148]

Hari Steels and General Industries Ltd. v. DCIT (2019) 75 ITR 90/ 104 Taxmann.com 293 ( Delhi)(Trib.)

S. 147 : Reassessment–Information obtained from the sales tax department–No independent enquiry or application of mind-Reassessment invalid-Assessment–Notice-Issuance of notice u/s. 143(2) is mandatory – Failure renders the reassessment invalid [S. 69C, 143(2), 148]

Priya Tools (P) Ltd. v. ACIT (2019) 182 DTR 249 / 201 TTJ 505 / 73 ITR 546 (Chd.)(Trib.)

S. 147 : Reassessment-Income from other sources–Reassessment proceedings initiated on suspicion-when nothing incriminating was found to suggest that anything over and above Re. 1 per share was paid by assessee-Reassessment is held to be invalid. [S.56(2)(viia), 148]

Lakshya Ice & Cold Storage Pvt. Ltd. v. ITO (2019) 73 ITR 95 / 201 TTJ 211 / 56 CCH 281 / 181 DTR 153 (Agra)(Trib.)

S. 147 : Reassessment–Reassessment proceedings initiated without any application of mind and examination of information received from investigation wing amounts to borrowed satisfaction–Notice is quashed. [S. 148]