Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Arora / Sapra S.N. v. ITO (2020) 187 DTR 121 / 204 TTJ 137 (Delhi)(Trib.)

S. 147 : Reassessment – Cash credits – Information from investigation wing – Merely on the basis of information from investigation wing without any further verification reassessment is bad in law [ S.68, 148 ]

Reuters Transaction Services Ltd v. Dy . CIT ( 2020) 187 DTR 268/ 204 TTJ 624 ( Mum) ( Trib)

S. 144C : Reference to dispute resolution panel – Draft order was not signed and stamped by the Assessing Officer- Order is not invalid [ S. 143 ( 3) , 292B]

TDK Electronics ag (Formerly known as EPCOS AG) v. ACIT (2020) 188 DTR 328 / 204 TTJ 273 (Pune) (Trib)

S. 144C : Reference to dispute resolution panel – Time barred objections –DRP rejected the application as time barred – Assessing Officer is required to complete the assessment with one month from end of month in which period of filing of objections under sub-section (2) expires— Assessment order is barred by limitation [ S.92CA, 144C (2) , 144C(3) 144C (13) ]

Sayyed Hamid Ali v ACIT ( 2020 189 DTR 369/ 205 TTJ 453 ( Indore )( Trib)

S. 133A :Power of survey –Excess stock – Surrender in the course of survey – Merely on the basis surrender made in the course of survey addition is held to be not justified- Estimated addition on net profit was also deleted . [ S.143 (3)]

Mytex Polymers India (P) Ltd v. Dy. CIT (2020) 187 DTR 137 / 204 TJ 371 (Jaipur) (Trib)

S. 92C : Transfer pricing – Arm’s length price – CUP method – Matter remanded for fresh adjudication .

Vishay Components India ( P) Ltd v ACIT ( 2020) 188 DTR 337 / 204 TTJ 649 ( Pune ) ( Trib)

S. 92C : Transfer pricing – Arm’s length price – TNMM – Adjustment in the Manufacturing segment of the assessee- Matter remanded to the Assessing Officer -Claim under section 10A/10B is directed to be allowed on stand alone basis . [ S.10A, 10B ] S. 92C : Transfer pricing – Arm’s length price – TNMM – Adjustment in the Manufacturing segment of the assessee- Matter remanded to the Assessing Officer -Claim under section 10A/10B is directed to be allowed on stand alone basis . [ S.10A, 10B ]

Dy.CIT v. Arkadin Confer India (P) Ltd (2020) 188 DTR 238 / 204 TTJ 912 (Delhi)( Trib)

S. 92C : Transfer pricing – Arm’s length price – Service was rendered – Addition was deleted .

Surrendranagar District Co-Operative Milk Producers Union Ltd v .Dy .CIT ( 2020) 187 DTR 5/ 204 TTJ 72 ( Rajkot ) (Trib)

S. 80P : Co- operative societies – The activities of the assessee are interlinked with the activities of the primary co-operative societies – Entitle to deduction [ S.80P(2)]

B.S.Associates v. Dy.CIT ( 2020) 187 DTR 202 / 203 TTJ 728( Ahd ) (Trib)

S. 69B : Amounts of investments not fully disclosed in books of account –Burden is on the revenue to prove – Merely on the basis of stamp valuation addition cannot be made . [ S. 45, 48, 50C(2), 69 ]

Saleh Mohd. Salim v. ITO (2020) 187 DTR 153 / 204 TTJ 255 (SMC) (Bang) (Trib.)

S. 69 :Unexplained investments – Capital gains – Guidance value – Burden is on revenue – Addition cannot be made merely on the basis of stamp valuation adopted for registration purposes [ S.45, 50C , 142A ]