Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Raja Benoy Kumar Sahas Roy (1957) 32 ITR 466 (SC)

S. 2(1A) : Agricultural income – Agriculture – cultivation of land – tilling of land, sowing of seeds etc – Certain other operations which are performed after produce sprouts from land , can also be regarded as agricultural operations- However spontaneous growth not involving any human labour or skill upon land are not products of agriculture – Income derived therefrom is not agricultural income . [ S. 10(1) , Indian Income-tax Act, 1922, S. 2(1) 4(3)(viii)].

Sushil Kumar Bhati v. ITO (2020) 81 ITR 218 ( Delhi ) (Trib)

S. 271(1)(c) : Penalty – Concealment – Employee Stock ownership Plan- Tax was deducted at source- Mistake of tax consultant – No intention to conceal income or deliberate default on part of assessee – Levy of penalty is not justified .

Gurusamy Ramamurthy v .ITO (2020) 81 ITR 9 ( Chennai ) (Trib)

S.271(1)(c): Penalty — Concealment – Not recording of satisfaction -Penalty is held to be not valid .

Vinod Bhandari v. PCIT (2020) 81 ITR 237/ ( 2021 )) 214 TTJ 157 (Indore) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Advancing loans on hundi– Cash credits – Books of account not rejected – Assessing officer has passed a detailed order while dealing and adjudicating the issues – Revision order is quashed .[ S. 68 ,143(3)

Arvind Metals and Minerals P. Ltd. v ACIT (2020) 81 ITR 648 (Kol) (Trib)

S.254(1) Appellate Tribunal – Pronouncement of orders — Extraordinary situation In Light of Covid-19 Pandemic and lockdown — Period of Lockdown days to be excluded .

ABC Exports v. ACIT (2020) 81 ITR 99 (Trib)(Jaipur)

S. 246A : Appeal – Commissioner (Appeals) – Appealable orders –
Order giving effect to order of High Court not containing decision on any issue or computation of income — Not appealable —Period from which interest has to be calculated on outstanding demand — Appealable order. [ S. 80HHC ,80IB , 154 , 220 (2) , 234D ,244A,246 ]

EID Mohammad Nizamuddin v. ITO (TDS) (2020) 81 ITR 127 (Jaipur) (Trib)

S. 206C : Collection at source – Survey – Buyers manufacturing beedis from tendu leaves sold by assessee — Liability only to extent of tax collection at source on such Sales and not on whole sale amount — Matter remanded for verification- Interest with effect from 1-7-2012 Liable to pay interest from date on which tax collectible to date of furnishing of return by respective buyers excluding period prior to 1-7-2012 [ S.206C(7) ,form , 27BA, 27C ]

The Chombal Service Co-Operative Bank Ltd. v ITO (2020) 81 ITR 13 ( Cochin) (Trib)

S. 154 : Rectification of mistake – Commissioner (Appeals) granting deduction on basis of decision of High Court — Decision subsequently reversed by full bench — Order rectifying and disallowing the interest is held to be justified [ S.80P(2)(a) (i) , 250 ]

Alankar Saphire Developers v Dy. CIT (2020) 81 ITR 549 (Delhi) (Trib)

S. 153A : Assessment – Search- No incriminating documents were found in the course of search- Items already disclosed in original return of income and balance-sheet to revenue department and such assessment have completed prior to date of search and no assessment was abated. [ S.68 ]

Suresh Kumar Sharma v. ITO (2020) 81 ITR 1 (Jaipur) (Trib)

S.147: Reassessment —Sale of property by mischief and forgery — Neither disclosing sale transaction nor offering capital gains- Reassessment held to be justified- Addition is held to be justified . [ S.148 ]