Author: ksalegal

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Chitradurga District Co-Op. Central Bank Ltd. v. Dy. CIT (2020) 83 ITR 81 (SN) (Bang.)(Trib.)

S. 253 : Appellate Tribunal-Vivad Se Vishwas Scheme-Appeal Dismissed As Withdrawn-[Direct Tax Vivad Se Vishwas Act, 2020]

Ulhas Vasantrao Bagul v. Dy. CIT (2020) 83 ITR 49 (SN) (Pune)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Amendment by Finance Act, 2001-Commissioner (Appeals) cannot restore matter to Assessing Officer for verification and fresh decision-He must take decision one way or other-Appellate Tribunal-Additional ground raised by the assessee was admitted-Matter remanded to the Assessing Officer. [S. 132(4A), 250, 254(1)]

Hitech Comprint Pvt. Ltd. v .Dy. CIT (2020) 83 ITR 57 (SN) (Bang.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Duties-Coterminous powers with the Assessing Officer-Remand report-No steps taken by Assessing Officer to verify the facts-Commissioner (Appeals) is duty bound to verify the documents filed by the assessseee- Matter remanded to Commissioner (Appeals).

Dhanagiri (Alias) Sulegi Mallesh (Late) and Vittgal Sulegi v. ITO (2020) 83 ITR 33 (SN) (Hyd.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Duties-Capital gains- Commissioner (Appeals) not considering the documents produced before him- Matter remanded to Assessing Officer. [S. 254(1)]

Snap Computer Systems Pvt. Ltd. v. ITO(IT) (2020) 83 ITR 28 (SN) (Indore)(Trib.)

S. 195 : Deduction at source-Non-resident-Fees for technical services-Consulting services-Commission for procuring orders from customers -No permanent establishment or business connection in India-Not liable to deduct tax at source. [S. 9(1)(vii), 201(1), 201(IA)]

Dy. CIT(LTU) v. Union Bank of India (2020) 83 ITR25 (SN) (Mum.)(Trib.)

S. 154 : Rectification of mistake-Mistake apparent from record-Bad and doubtful debts-Assessing Officer giving effect to the order of the Appellate Tribunal and allowing the bad and doubtful-Rectification of reassessment order on same issue is not permissible. [S. 36(1)(viia) 148, 254(1)]

Dynasty Construction Pvt. Ltd. v. ACIT (2020) 83 ITR 17 (SN) (Delhi)(Trib.)

S. 153A : Assessment–Search-Appellate Tribunal has the power to admit additional legal grounds, which goes to root of the matter-No notice was issued to the assessee-Order was quashed. [S. 143(3), 153C, 254(1)]

M. H. Mamatha (Smt.) v . ITO (2020) 83 ITR 7(SN) (Bang.)(Trib.)

S. 148 : Reassessment-Notice-Factum of death of assessee intimated to department much prior to issue of notice-Notice issued in name of deceased- Notice not valid. [S. 147]

Dy.CIT v. Manav Realty (2020) 83 ITR 37 (SN) (Pune)(Trib.)

S. 147 : Reassessment -Not objecting to initiation of reassessment proceedings-Not precluded from challenging validity of reassessment before appellate forums-Reassessment is held to be bad in law. [S. 80IB(10), 148]

ACIT v. Parmar Build Tech (2020) 83 ITR 86 (SN) (Mum.)(Trib.)

S. 145 : Method of accounting-Project Completion method-Shifting gross sales receipts to previous year in which sale deeds executed without shifting expenditure incurred in connection therewith- Violation of Accounting Standard 1-Receipts rightly taxed by Commissioner (Appeals) in later years-No contravention of Rule 46A. [S. 145(2)]