Author: ksalegal

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Sandeep Kumar Jain v. ACIT (2020) 184 ITD 276 (Delhi)(Trib.)

S. 254(1) : Appellate Tribunal-Powers-Delay of 92 days-Averments made in the application for condonation of delay was not supported by any affidavit either of assessee or Chartered Accountant-Appeal was dismissed.

Keshavlal Devkaranbhai Patel. v. ACIT (2020) 184 ITD 131 (Rajkot)(Trib.)

S. 250 : Appeal-Commissioner(Appeals)-Duties-Penalty-Search initiated on or after 1st June, 2007-Penalty order confirmed by the CIT(A) merely on ground that written submissions filed against said order did not bear signature of assessee-Order was set aside to the file of CIT(A). [S. 271AAA]

3S Technologies & Automation (P.) Ltd. v. ACIT (2020) 184 ITD 895 (Bang.)(Trib.)

S. 234E : Fee-Default in furnishing the statements-order pertaining period prior to 1-6-2015-Matter remanded to the file of CIT(A). [S. 200A, 250]

ITO v. Yashovardhan Tyagi (2020) 184 ITD 461 (Delhi)(Trib.)

S. 194J : Deduction at source-Fees for professional or technical services-Distribution of film-Minimum Guarantee Royalty (MGR)-Copy right-Royalty-Right of exhibition of cinematographic films-Not copy rights hence do not fall under term Royalty-Not liable to tax deduction at source-No disallowance can be made. [S. 40(a)(ia)]

Vodafone Idea Ltd. v. ACIT (2020) 184 ITD 204 (Cuttack)(Trib.)

S. 194H : Deduction at source-Commission or brokerage-Discount on pre-paid sim cards-Not required to deduct tax at source.

Cessna Garden Developers (P.) Ltd. v. ACIT (2020) 184 ITD 814 (Bang.)(Trib.)

S. 154 : Rectification of mistake-Development of Special Economic Zone-Lease rent income offered under the head income from house property. [S. 22, 80IAB]

ACIT v. Sudesh Kumar Gupta (2020) 184 ITD 651 / 193 DTR 265 / 206 TTJ 1019 (Jaipur)(Trib.)

S. 154 : Rectification of mistake-Survey-Surrender of income-Undisclosed investment in stock-Provision of section 115BBE was not invoked in the original assessment proceedings-Charge of maximum rate in rectification proceedings is held to be not valid. [S. 69, 143(3) 115BBE]

DCIT v. Gulshan Chemicals Ltd. (2020) 184 ITD 71 / 208 TTJ 1053 / ((2021) 197 DTR 274 (Delhi)(Trib.)

S. 154 : Rectification of mistake-Unexplained purchases-Disallowance of 20%-Disallowance of entire purchase by passing a rectification order is held to be not valid. [S. 69C, 143(3)]

Alankar Saphire Developers v. DCIT (2020) 81 ITR 549 / 184 ITD 847 / (2021) 209 TTJ 491 (Delhi)(Trib.)

S. 153A : Assessment-Search-Share capital-Items already disclosed in original return and balance sheet-In absence of recovery of any incriminating material for making said addition in hands of assessee, said addition was to be deleted. [S. 68]

N. Roja v. ACIT (2020) 184 ITD 329 / 196 DTR 134 / 208 TTJ 603 (Cuttack) (Trib.)

S. 153A : Assessment-Search-Several incriminating materials were found during course of search-Assessing Officer can interfere with original assessment while making assessment. [S. 143(1)(a)]