Author: ksalegal

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CIT v. Kedia Castle Dellion Industries Ltd. (2018) 401 ITR 334 (Cal) (HC)

S. 158BC : Block assessment – Undisclosed income- Inflated sales — Report of special auditors — No Unqualified Acceptance Of Figures Of Special Auditors — Matter remanded to quantify inflated income . [ S.158BB ]

CIT v. Younus Kunju, Younus Cashew Industries. (2018) 402 ITR 95/ 164 DTR 89 (Ker) (HC)

S. 154 : Rectification of mistake –Miscalculation of interest under S. 220 can be corrected [ S. 220,244(IA) 245(4), 245C, 245D(6A) ]

PCIT v. Sunrise Finlease (P.) Ltd. (2018) 252 Taxman 407/171 DTR 237/ 305 CTR 421 (Guj.)(HC)

S. 153D : Assessment – Search – Approval -Order passed by the Assessing Officer without approval of Joint Commissioner was held to be bad in law [ S. 153C ]

Pepsi Foods ( P) Ltd v. ACIT ( 2015) 231 Taxman 58/ 162 DTR 129 ( Delhi ) (HC) Editorial: SLP of revenue was dismissed , ACIT v. Pepsi Foods ( P) Ltd ( 2018) 252 Taxman 372 (SC)

S. 153C: Assessment- Income of any other person- Search and seizure – AO is required to arrive at a conclusive satisfaction that documents belongs to a person other than searched person [ S. 132(4A)(i), 158BD,292C ]

DCIT v.Priyanka Chopra ( Ms) ( 2018)169 ITD 310/ 163 DTR 97 / 192 TTJ 318 (Mum)(Trib)

S. 153A : Assessment – Search- Merely on the basis of contract for professional receipt addition cannot be made

Shantilal J. Shah v. DCIT (2018) 61 ITR 79 (Bang) (Trib)

S. 153A : Assessment – Search- Admitting additional income of on money – Addition was held to be justified [ S. 132(4) ]

CIT v. Saravana Stores (TEX) (2018) 61 ITR 20 (Chennai) (Trib)

S. 153A : Assessment – Search- Time limit for issuing notice for assessment was expired prior to date of search having expired and no material was found during the search , block assessment was held to be bad in law .[ S. 143(2) ]

Krishna Kumar Singhania. v. DCIT (2018) 168 ITD 271 (Kol) (Trib.)

S. 153A : Assessment – Search- On the basis of seized documents from office premises of group of companies in which assessee was a director, said material could not be used against the assessee [ S. 132, 292C ]

PCIT v. Sunrise Finlease (P.) Ltd. (2018) 252 Taxman 407 / 171 DTR 237/ 305 CTR 421(Guj.)(HC)

S. 153A : Assessment – Search or requisition – When no incriminating material was found in the course of search, addition cannot be made on the basis of evidence collected after the search . No addition can be made on the basis of statement of director much later after the search [ S.131, 132 ]

CIT v. Manoj Hora. (2018) 402 ITR 175 (Delhi) (HC)

S. 153A : Assessment – Search-Merely on the basis of third party statement without any incriminating evidence addition was held to be not justified [ S. 132 (4) ]