Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Surekha Builders and Developers Pvt. Ltd. v PCIT (2020)81 ITR 24 (SN( Ctk) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –
Revision —Housing project —Method of accounting – Adopting Percentage Completion Method And Project- Revision is held to be not valid . [S. 145 ]

Jaidurga Minerals v. PCIT (2020) 81 ITR 67 (SN)/ 208 TTJ 96/ ( 2021) 200 DTR 205 (Cuttack ) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Limitation – Service of order not relevant passing of order is relevant – Not given sufficient opportunity to give reply – Natural justice violated – Order quashed [ S.263(2) ]

Hindumal Balmukund Investment Co. Pvt. Ltd. v. PCIT (2020) 81 ITR 48 (SN) (Pune) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –
Revision —No discussion in assessment order- Mere extraction of submissions would not show assessing Officer applied his mind — Revision is held to be valid .[ S.80IA ]

Electro Urban Co-Operative Credit Society Ltd. v PCIT (2020)81 ITR 17 (SN) ( Kol) ) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Income from holiday home- Income from business or Income from other sources – Income from house property – Revision is held to be not valid [ S. 22, 28(i) , 56 ]

Regunathan Venkata Rajendran v. ACIT (2020) 81 ITR 71 (SN) ( Bang) (Trib)

S. 250 : Appeal – Commissioner (Appeals) –Challenging entire Additions- Commissioner (Appeals) Considering only two out of seven items — Matter remanded to Commissioner (Appeals) to decide afresh . [ S.57 , 251 , 254(1) ]

Maharishi Dayanand Educational Society v .ITO (E) (2020) 81 ITR 86 (SN) ( Delhi ) (Trib)

S. 250 : Appeal – Commissioner (Appeals) – Not mentioning of service of notice – Order was passed without giving an opportunity – Order set a side to decide on merit [ S.251, 254(1) ]

A. J. Mill Store Agency Pvt. Ltd. v. ITO (2020) 81 ITR 64 (SN) (Kol) (Trib)

S. 250 : Appeal – Commissioner (Appeals) – Duties – Ex parte – Required to dispose of the appeal of the assessee by an order in writing stating the points for determination, the decision thereon and the reasons for the decision- Directed to dispose the appeal on merits in accordance with law .[ S 68, 143(3) 148 ].

Mukesh Chand Garg v. ITO (2020) 81 ITR 22(SN) (Delhi) (Trib)

S.147: Reassessment – Client code modification – Income from undisclosed sources -Addition of entire addition as addition income – Reassessment was quashed and on merit addition was deleted.[ S.69 A , 148 ]

Raj Bala v .ITO (2020) 81 ITR 31 (SN) ( Delhi) (Trib) Joginder Dahiya v .ITO (2020) 81 ITR 31 (SN) ( Delhi ) (Trib)

S. 147 : Reassessment – Reasons for initiation of those proceedings ceased to survive- Other than those in respect of which proceedings initiated will not survive .[ S.148 ]

Dy. CIT (E) v Gandhinagar Urban Development Authority (2020)81 ITR 51 (SN) /207 TTJ 17 (UO)( Ahd) (Trib)

S.147:Reassessment —Charitable Trust – On the basis of same set of facts, which were already available on record – Reassessment is not sustainable.- Delay of 212 days in filing of cross objection is condoned . [ S.2(15), 11 , 12AA ,148, 253(5) ]