Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

Kaur Sain Spinning & Weaving Mills Ltd. v. ACIT (2021) 189 ITD 515 (Chd.) (Trib.)

S. 147 : Reassessment-Borrowed satisfaction-Cash credits-Accommodation entries-AO issued reopening notice merely on basis of information received from department and he had not pointed out as to how investment in question was unexplained income of assessee, order passed by AO was to be quashed. [S. 68, 132, 147, 148]

Dhananjay Marketing v. CIT (2021) 212 TTJ 877 (Pune)(Trib.)

S. 143(3) : Assessment-Search and Seizure-On money-Loose sheets-Purchase of land Addition on the basis of statement of third party-AO made addition based on the statement given by third party-No incriminating material found suggesting the payment of on-money consideration-Tribunal Deleted addition. [S. 132(4), 132(4A)]