Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DCIT v. WNS Capital Investment Ltd. (2021) 190 ITD 344 / 202 DTR 97 (Mum.)(Trib.)

S. 195 : Deduction at source-Non-resident-Purchase of shares on 11-7 2008-Explanation 2 to section 195 which imposes tax withholding obligations on non-residents in respect of payments involving income taxable in India, was introduced by Finance Act 2012-Not liable to deduct tax at source. [S. 201(IA)]

Amrik Singh Bhullar v. ITO (2021) 190 ITD 355 (Chandigarh)(Trib.)

S. 154 : Rectification of mistake-Defect in application-Records-Opportunity must be provided to correct the defect-Every statutory order/decision and relevant facts which went into decision making of punching figures on e-portal at relevant point of time would constitute record for purposes of proceedings under section 154 of the Act-Matter remanded. [S. 139]

Bhushan Lal Sawhney v. DCIT (2021) 190 ITD 225 / 91 ITR 565/ 212 TTJ 357/ 203 DTR 249 (Delhi)(Trib.)

S. 153A : Assessment-Search-Unexplained money-Foreign Bank account-HSBC, Geneva, Switzerland-Information was not provided as per Article 26 of DTAA which came in to effect from 1-4-2011-Addition as unexplained Swiss Bank deposits or interest earned was deleted-DTAA-India-Switzerland. [S. 69A, 132, Art. 26]

Tahar Singh v. ITO (2021) 190 ITD 303 (Delhi)(Trib.)

S. 148 : Reassessment-Notice-Non disclosure of capital gains-Legal heirs-Notice was served upon only on three legal heirs out of seven and the assessment was framed in the name of one legal heir-Matter remanded to the Assessing Officer to issue notice to all legal heirs and decide afresh. [S. 143(3), 147]

Future Tech IT Systems (P.) Ltd. v. ITO (2021) 89 ITR 676 / 190 ITD 52 (Chd.)(Trib.)/Abacus Edutech Pvt. Ltd. v ITO (2021) 89 ITR 676 (Chd) (Trib) Axis Education Technologies (P.) Ltd. v ITO (2021) 89 ITR 676 (Chd) (Trib)

S. 147 : Reassessment-With in four years-Share premium-Director (Inv.)-Reassessment was held to be not valid [S.56(2)(viib), 148]

District Co-operative Central Bank Ltd. v. ACIT (2021) 190 ITD 105 (Bang.)(Trib.)

S. 147 : Reassessment-With in four years-Change of opinion-Provision for bad and doubtful debts-Reassessment notice was held to be not valid. [S. 36(1)(viia), 148]

Uttarakhand Purv Sainik Kalyan Nigam Ltd. v. ITO (2021) 190 ITD 193 / 212 TTJ 498/ 203 DTR 279 (Dehradun)(Trib.)

S. 147 : Reassessment-With in four years-Ex-servicemen corporation-No failure to disclose any material facts-Reassessment proceedings for denial of exemption is held to be not justified [S. 10, 26BBB, 148)

L.P.R. Construction v. DCIT (2021) 190 ITD 439 (All.)(Trib.)

S. 145 : Method of accounting-Rejection of books of account and estimate of net profit at 7% as against net profit of 6.5% shown by the assessee-Adoption of net profit at 7% was held to be unjustified. [S.145 (3)]

Universal Stone Crushing Co. Dala v. ITO (2021) 190 ITD 415 (SMC) (All.)(Trib.)

S. 145 : Method of accounting-Valuation of closing stock of dust / scrap-Ad-hoc addition was held to be not justified.

UHDE India (P.) Ltd. v. ACIT (2021) 190 ITD 777/ 211 TTJ 339 (Mum.) (Trib.)

S. 145 : Method of accounting-Business of supply of processes, designing, construction etc.-completed contract method of accounting-Rejection of books of account is held to be not justified.