Author: ksalegal

Author Archive


Priyanka Chopra ( Ms) v. DCIT ( 2018)169 ITD 144/ 163 DTR 103 / 192 TTJ 324 (Mum)(Trib) Priyanka Chopra ( Ms) v. DCIT( 2018) 163 DTR 112 / 192 TTJ 334(Mum)(Trib) Priyanka Chopra ( Ms) v. DCIT( 2018) 192 TTJ 343 ( Mum) (Trib)

S.143(3): Assessment- Undisclosed income –If admission is made in the course of search on the basis of material found in the course of search ,the retraction of such admission of undisclosed income is not permissible especially when the retraction is by the mother and not by the assesse [ S. 69A,132(4) ]

Amod Shivlal Shah v. ACIT (Mum)(Trib) , www.itatonline.org

S. 143(3): Assessment- Survey- An admission of estimated income made during survey has no evidentiary value and is not binding on the assessee. The income has to be assessed as per the return of income and books of account. [ S. 133A ]

Dhananjay Kumar Singh v. ACIT (2018) 402 ITR 91/167 DTR 261 / 303 CTR 413// 99 taxmann.com 203/ 259 Taxman 373 (Pat) (HC) Editorial: SLP of revenue is dismissed , ACIT v. Balmiki Prasad Singh ( 2018) 259 Taxman 372 (SC)

S.143(3): Assessment -Assessment order passed without considering relevant materials and objections raised by assessee was held to be arbitrary and violative of principles of natural justice was quashed .[ Art 226 ]

Subodhchandra and Co. v. DCIT (2018) 402 ITR 500 (Guj) (HC)

S. 143(3): Assessment -Income from undisclosed sources — Manufacture and sale of gold ornaments -Discrepancy in recording quantity of gold- Addition was held to be justified .

Raghavan Nair v. ACIT (2018) 402 ITR 400/162 DTR 353/253 Taxman 379 / 304 CTR 96 (Ker) (HC)

S. 143(3): Assessment – Capital gains — Capital gains wrong shown in the return as taxable – Duty Of Assessing Officer to refrain from assessing such income.- No tax shall be levied or collected except by authority of law.[S. 45, Right to fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, S. 96 , Art. 265 ]

Nek Ram Sharma And Co. v. CIT (2018) 402 ITR 194 (J&K) (HC)

S. 143(3): Assessment -Estimate of profits — Gross profit rate —Findings based on conjectures and surmises and not on positive evidence — Order of Tribunal was set aside .[ S. 254(1) ]

CIT v. Virtual Soft Systems Ltd (2018)404 ITR 409/ 165 DTR 121 /302 CTR 65 / 255 Taxman 352 (SC) , www.itatonline.orgEditorial: Refer CIT v. CIT v. Virtual Soft Systems Ltd ( 2012)341 ITR 593 / 67 DTR 410 ( Delhi) (HC) is affirmed

S. 143(3): Assessment – Real income- lease rental- Interest and loan recovery – Guidance Note issued by the ICAI carries great weight – An assessee can only be taxed on “real income” -Lease rental is allowable [ S. 37(1),145(3), CA 1956, S.211 ]

ITO v. NVS Builders Pvt. Ltd.( 2018) 169 ITD 679(Delhi)(Trib) , www.itatonline.org

S. 143(2): Assessment – Notice by an AO not having jurisdiction over the assessee is irrelevant- Assessment was held to be bad in law .

CIT v. V.V. Devassy (2018) 403 ITR 25/ 252 Taxman 390/ 163 DTR 76 (Ker.)(HC)

S. 143(2) : Assessment – Block assessment -Notice issued with in period of limitation , however the notice was served beyond limitation period hence the assessment was held to be in valid and quashed- Tribunal was justified in considering the issue of limitation first time raised before the Tribunal [ S. 158BC, 254(1),292BB ]

ITO v. Dharam Narain ( 2018) 163 DTR 41/ 253 Taxman 479/ 301 CTR 41 ( SC)

S. 143(2) : Assessment -Notice – Notice to authorised representative was held to be deemed service of notice on assesse and sufficient compliance – Non availability of assesse on the given address the notices were could not be served [ S. 143(3) ]