Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Arvind Kumar Arora v. ITO (2020)82 ITR 28 (SN) (Delhi) (Trib)

S. 271B :Penalty- Failure to get accounts audited -Reasonable cause – May – Levy of penalty is held go be not justified .

Piramal Healthcare Ltd. v .Dy. CIT (2020)82 ITR 47 (SN)(Mum) (Trib)

S. 271(1)(c) : Penalty – Concealment – Disallowance of expenses on estimate basis – Capital or revenue –Debatable issue – Levy of penalty is not justified – Disallowance was deleted -Levy of penalty is not justified . [ S.14A ]

Arvind Kumar Arora v. ITO (2020)82 ITR 28 (SN) (Delhi) (Trib)

S. 271(1)(c) : Penalty – Concealment – No specific charge recorded – addition on estimate basis – Appeal not filed against quantum addition – Levy of penalty is not justified . [ S.274 ]

Sanjay Tyagi v. Dy. CIT (2020) 82 ITR 44 (SN)(Delhi) (Trib)

S. 271(1)(b) : Penalty – Failure to comply with notices – Entire
additions deleted at appellate stage —Bona fide explanation- Penalty not leviable. [ S.142(1) ]

Manu Rai (Smt.) v. Dy. CIT (2020)82 ITR 22 (SN)(Indore) (Trib) Manish Rai v. Dy. CIT (2020)82 ITR 22 (SN)(Indore) (Trib) Meena Devi Rai (Smt.) v. Dy. CIT (2020)82 ITR 22 (SN)(Indore) (Trib)

S. 271(1)(b) : Penalty – Failure to comply with notices -Co-operating in assessment proceedings Attending- None of assessment orders ex -parte- Levy of penalty is held to be not valid .[ S.142(1) ]

Kuldeep v. ITO (2020)82 ITR 35 (SN)(Delhi) (Trib)

S. 250 : Appeal – Commissioner (Appeals) – Powers – Additional evidence — Should have been admitted .[ S. 147, 148 , 250 (6) ]

Khimchand Okchand Bhansali v. ITO (2020) 82 ITR 34 (SN)(Mum) (Trib)

S. 250 : Appeal – Commissioner (Appeals) – Duties – Ex -parte order – Bogus purchases – If assessee fails to defend case Commissioner (Appeals) to adjudicate appeal on basis of material on record [ S. 250 (6), 254(1) ]

Ashokkumar Kalubhai Nakrani v. ITO (2020)82 ITR 7 (SN) (Surat) (Trib)

S. 250 : Appeal – Commissioner (Appeals) -Duties – Ex -parte order -Mandatory procedure to formulate points in dispute and thereafter record reasons on such points — Failure to appear on appointed day , CIT (A ) cannot dismiss the appeal in Limine – He ought to have decided on merits . [ S. 131, 250(6) ]

Frontier Commercial Co. Ltd. v. Dy. CIT (2020)82 ITR 25 (SN)(Delhi) (Trib)

S. 153A : Assessment – Search- No incriminating material was found in the course of search – Addition is held to be not valid [ S.37(1) 132, 143(3) ]

Vipul Virendrakumar Patel v. ITO (2020)82 ITR 32 (SN)(Ahd ) (Trib)

S. 147 : Reassessment – Cash deposit in bank in excess of Rs. 10 lakhs – Salary income lower than the threshold limit – Information available with Assessing Officer vague and without any proper identification and quantification of escaped income — Reassessment is held to be not valid [ S.148 ]