Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Asst. CIT v. Friends Medicos (2023)108 ITR 279 (Delhi)(Trib)

S. 145 : Method of accounting-No defects in the books of account-Ad-hoc estimate of profit is not justified. [S. 133A, 145 (3)

Hitachi Astemo Haryana P. Ltd. v Dy. CIT (2023)108 ITR 47 (SN)(Delhi) (Trib)

S. 144C : Reference to dispute resolution panel-Final assessment order was passed without incorporating directions of Dispute Resolution Panel-Matter remanded to Assessing Officer to pass order incorporating Dispute Resolution Panel’s directions. [S.144C(13)]

Abrar Fakirmohmmad Shaikh v. ITO (IT) (2023)108 ITR 127/ 226 TTJ 721 ( Pune) (Trib)

S. 144C : Reference to dispute resolution panel-Non-Resident-Assessment-Eligible assessee —Order under Section 92CA is not prerequisite in case of Non-resident.[S.92CA]

Rhone Associates P. Ltd. v.ACIT (2023)108 ITR 16 (SN)/(2024) 204 ITD 136 (Delhi) (Trib)

S. 143(3): Assessment-Document Identification Number-Circular making generation and quoting of mandatory —Assessment order invalid and deemed to have never been passed.[S.119]

Panna Lal and Co. v. Dy. CIT (2023)108 ITR 46 (SN)(Delhi)(Trib)

S. 143(3): Assessment-Document Identification Number-Failure to allot and mention in assessment order-Assessment order deemed never to have been passed —Central Board Of Direct Taxes Circular No. 19 Of 2019, Dated 14-8-2019-Order is bad in law-Additional ground is admitted-Order is quashed. [S.153A, 254(1)]

Asst. CIT v. Pankaj Khandelwala (2023)108 ITR 52 (SN)(Surat) (Trib)

S. 143(3): Assessment-Income from undisclosed sources-Documents seized in the course of search-Real estate broker-Addition of peak of transactions reflected in seized material is not sustainable-Estimate of profit of 1 percent of gross receipts is held to be proper. [S. 131, 132, 133(6)]

Acme Telecom and Network Solutions P. Ltd. v. ITO (2023)108 ITR 29 (SN)(Bang) (Trib)

S. 143(3): Assessment-Income from undisclosed sources-Deduction of tax at source-Accounts-Difference between turnover reported in Form 26AS and in return-Directed to reconcile accrual of income during and decide in accordance with law. [S. 5, 145, Form No 26AS]

Khadi Grammodhyog Prathisthan v. ACIT (2023)108 ITR 94 /226 TTJ 90 (Jodhpur) (Trib)

S. 139 : Return of income-Revised return-Original return filed within time-Revised return considered as original return by Centralised processing centre-Denial of loss due to belated filing of return unjustified-No warrant for award of costs under Faceless Regime. [S.139(1) 139(4), 143(1)]

Cognizant Technology Solutions India P. Ltd. v. ACIT (2023)108 ITR 24 (SN)(Chennai) (Trib)

S. 115JB : Company-Book profit-Marked-to-market foreign exchange loss incurred on outstanding forward contracts-Unascertained liability and booked artificially-Provision made is reversed in next year-Liable to be added back. [S.37(1)]

Dy. CIT v. CLP India P. Ltd. (2023) 108 ITR 248 (Ahd)(Trib)

S. 115JB : Company-Book profit-Reimbursement of minimum alternative tax liability by customer-Income offered to tax more than minimum alternative tax liability-Method of accounting is accepted in subsequent year-Addition is not justified.[S. 145]