Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


SBG Infrastructure LLP V. DCIT (2021) 191 ITD 400 (Ahd.) (Trib.)

S. 153C : Assessment-Income of any other person-Search-Unnamed documents-Statement recorded after conclusion of search cannot be consideration as information for invoking the provision of section. 153C of the Act. [S. 131(IA), 132]

DCIT v. Pallavi Mishra (Smt.) (2021) 191 ITD 13 (Jaipur)(Trib.)

S. 153A : Assessment-Search-Protective assessment-Protective assessment cannot be converted in to substantive assessment without invoking jurisdiction under section 147 of the Act. [S. 143 (3) 147, 154, 245D(4)]

Sanjay Agarwal v. ITO (2021) 191 ITD 495 / 87 ITR 607 (Jaipur)(Trib.)

S. 145 : Method of accounting-Fall in GP-Fall in price of cardamom-Exceptional circumstances-Increase in turnover by 130 times-Rejection of books of account-Estimation of GP was deleted.

ITO v. Bajaj Herbals (P.) Ltd. (2021) 191 ITD 41 (Ahd.)(Trib.)

S. 145 : Method of accounting-Alleged under-invoicing-Export to sister concern-Books of account was audited-Addition was made on unscientific and improper basis-Addition was deleted.

Dr Swati Mahesh Vinchurkar v. DCIT (2021) 191 ITD 434 (Surat) (Trib.)

S. 145 : Method of accounting-Amount reflected in form No 26AS-CPC-Burden is on revenue to show that the amount was received by the assessee. [S. 143(3), 194J, Form No. 26AS]

DCIT v. Hinduja Leyland Finance Ltd. (2021) 191 ITD 529 (Chennai)(Trib.)

S. 145 : Method of accounting-Change of accounting-Revenue expenditure allowable as deduction-Loan processing fees on term loan, stamp charges, share issue expenses-Allowable as deduction, though shown as prepaid expenses or deferred expenditure in books of account. [S. 37(1)]

SBG Infrastructure LLP. V. DCIT (2021) 191 ITD 400 (Ahd.)(Trib.)

S. 144 : Best judgment assessment-Assessment order passed without issue of notice u/s 143(2) of the Act was held to be bad in law. [S. 143(2)]

Uma Mandal (Smt.) v. ITO (2021) 191 ITD 212 (Jaipur)(Trib.)

S. 143(3) : Assessment-Cash credits-Cash deposited in the bank-Accommodation entries-No return was filed-Justified in treating the entire deposit as turnover and estimating the net profit at 5 percent-Reassessment was held to be justified. [S. 68 147, 148]

Harman Singh Dhingra v. ACIT (2021) 191 ITD 687 / 92 ITR 133 / (2022) 215 DTR 329 (Delhi)(Trib.)

S. 143(2) : Assessment-Notice-Notice was issued after statutory limit-Order null and void ab initio. [S. 69A, 132]

ACIT v. India Power Corporation Ltd. (2021) 191 ITD 250 (Kol.) (Trib.)

S. 115JB : Book profit-Debenture redemption reserve (DRR), Amount could not be considered as reserve-To be excluded while computing book profit-Capital gains on transfer of assets and investment should be included while computing book profit. [S. 45, Companies Act, 1956, S. 117C]