Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Anant Raj v. Dy. CIT (2021) 188 ITD 321 / 212 TTJ 836 / 206 DTR 33 (Delhi)(Trib.)

S. 154 : Rectification of mistake apparent on record-No format prescribed for rectification application-A simple letter can be considered as a rectification application even if it does not mention to be a rectification application-substantial justice prevails over technical consideration-Revenue cannot take undue benefit of the negligence of Assessee with regards to his rights-Long term capital gains on sale of property is directed to be excluded. [S. 45].

Harbhajan Kaur (Smt.) v. DCIT (2021) 90 ITR 71 / 212 TTJ 40 (UO) (Chd.) (Trib.)

S. 153C : Assessment-Income of any other person-Search-No incriminating evidence found-Addition cannot be sustained.[S. 132]

ACIT v. CMG Steels Pvt. Ltd (2021) 212 TTJ 643 / 205 DTR 6 (Chennai)(Trib.)

S. 153C : Assessment-Income of any other person-Search-Cash Credits-Addition cannot be made in the absence of any incriminating materials found during search-Addition cannot be made without providing copies of statement recorded and an opportunity of cross examination. [S. 68, 132]

ACIT v. Narula Educational Trust. (2021) 189 ITD 31 / 86 ITR 365 / 211 TTJ 39 / 205 DTR 95 (Kol.)(Trib.)

S. 153A : Assessment-Search-Valuation report-Valuation report cannot be held to be incriminating material-Addition held to be not valid-DDIT (Inv)/ADIT (Inv) was empowered to make reference to Valuation Officer inserted by section 132(9D) only after 1-4-2017 by an amendment by Finance Act, 2017 [S. 132,132(9D), 142A]

Simar Kaur (Smt.) v. ACIT (2021) 212 TTJ 236 / 203 DTR 377 / 89 ITR 635 (SMC) (Chd.)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Non issuance of notice-Mechanical satisfaction of P without application of mind-Reassessment not sustainable. [S. 69, 147, 148, 282]

Satnam Singh v. ITO (2021) 212 TTJ 1 (Amritsar)(UO)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Satisfaction recorded in a mechanical manner without application of mind-Additional ground Reopening held to be invalid. [S.147, 148, 254 (1)]

Jitender Kumar Gupta (HUF) v. ACIT (2021) 189 ITD 714 (Hyd.)(Trib.)

S. 148 : Reassessment-Notice-Reasons for reopening not supplied-Directed to supply reasons for reopening and only after disposal of objections, if any, raised, AO would proceed to re compute income of assessee in accordance with law-Matter remanded. [S. 69B, 147]

Uttarakhand Purv Sainik Kalyan Nigam Limited v. ITO (2021)190 ITD 193/ 212 TTJ 498/ 203 DTR 279 (Dehradun)(Trib.)

S. 147 : Reassessment-Change of opinion-Exemption-Notice was quashed on account of change of opinion and first proviso too section 147. [S. 10(26BBB), 148]

ACIT v. K. S. Chawla & Sons (HUF) (2021) 212 TTJ 199 / 203 DTR 180/(2022) 95 ITR 294 (Delhi)(Trib.)

S. 147 : Re-assessment-Search-On money-Additional ground-AO made reopening relying upon information received from search proceedings in case of third party-Held reassessment proceedings null and void-Only 153C valid in case of information received from third party-Assessment was quashed. [S.132, 148, 153A, 153C, 254(1)]

ACIT v. Bharti Axa Life Insurance Company Ltd (2021) 189 ITD 450 (Mum.)(Trib.)

S. 147 : Reassessment-Recorded reasons-Complete text of reasons recorded was not given-Sanction was vague-No new tangible material on record-Reassessment was quashed. [S. 148, 151]