Author: ksalegal

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City Manager Association v. ACIT(2019) 74 ITR 57 (SN) (Ahd.)(Trib.)

S. 154 : Rectification of mistake-When issues were debatable one, where more than one opinion was possible, no adjustment under section 143(1)(a) is permissible. [S. 143(1)(a)]

Dy. CIT v. Sharda Cropchem Ltd. (2019) 178 DTR 83 / 71 ITR 141 / 199 TTJ 960 (Mum.)(Trib.)

S. 154 : Rectification of mistake–Failure to consider the Judgement of High Court or Supreme Court–Mistake apparent from record-Can be subject matter of rectification though the claim is not made during original assessment proceedings or appellate proceeding.

Dy. CIT v. Krishna Marble (2019) 72 ITR 418 (Jodhpur)(Trib.)

S. 153A : Assessment-Search or requisition-Share application moneys-no evidence of receipt of unsecured loan-In the absence of incriminating material found during search-Addition on account of share application money is held to be not justified. [S. 68, 132(4)]

Dy. CIT v. Jammu Metalic Oxides Pvt. Ltd. (2019) 72 ITR 449 (Jaipur) (Trib.)

S. 153A : Assessment-Search or requisition-Assessment for relevant year completed-No addition could be made. [S. 68, 132]

Dy. CIT v. Rashmi Metaliks Ltd. (2019) 72 ITR 226 / 201 TTJ 160 (Kol.)(Trib.) Dy. CIT v. Ramani Joseph (2019) 72 ITR 226 / 201 TTJ 160 (Kol.)(Trib.)

S. 153A : Assessment–Search-Share application money–No incriminating material was found–Addition cannot be made–Opportunity to cross examination must be given of the entry operators. [S. 68, 132]

Dy. CIT v. Pacific Industries Ltd. (2019) 72 ITR 634 (Jodh.)(Trib.) Dy. CIT v. Pacific Leasing And Research Ltd. (2019) 72 ITR 634 (Jodh.)(Trib.)

S. 153A : Assessment–Search-No incriminating material was found-Addition cannot be made. [S. 68, 132]

Consulting Engineering Services India (P) Ltd. v. ACIT (2019) 175 DTR 217 / 198 TTJ 21 (Delhi)(Trib.)

S. 153 : Assessment–Limitation–Special audit under section 142(2A) is not in accordance with law, time limit for making assessment cannot be extended for time taken for special audit. [S. 142(2A)]

Blue Chip Developers (P) Ltd. v. ITO (Trib.)(Delhi), www. itatonline.org

S. 151 : Reassessment-Sanction for issue of notice-Share capital-Share premium-Approval-mechanical approval mentioning “Yes”–Non application of mind – Reassessment is held to be bad in law. [S. 147, 148]

PCIT v. Khushbu Industries (Bom)(HC), www. itatonline. org

S. 151 : Reassessment-Sanction for issue of notice–Sanction by CIT instead JCIT–Reassessment is held to be bad in law. [S. 147, 151]

Computerland Integrators (India) Ltd. v. Dy. CIT (2019) 180 DTR 17 (Delhi)(Trib.)

S. 148: Reassessment – Notice – Notice has been issued on wrong premise, reopening of assessment is not valid-Notice cannot be issued for certain examination [ S.147 ]