Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Narayan Singh, HUF v. ITO (2020)82 ITR 18 (SN)(Delhi) (Trib)

S. 147 : Reassessment – Capital gains- HUF – Individual – No direction was given buy the Appellate Tribunal – Reassessment is held to be not valid .[ S.148 ]

Ramotar Singh, HUF v. ITO (2020)82 ITR 20 (SN) (Delhi) (Trib)

S.147: Reassessment- After the expiry of four years- Capital gains- No failure to disclose any material facts – The reason must specify the nature of default or failure on the part of the assessee- Reassessment is not valid [ S.45 , 148 ]

Andhra Pradesh Tourism Development Corporation Ltd. v. Dy. CIT (2020)82 ITR 31 (SN) (Hyd) (Trib)

S. 144 : Best judgment assessment – Books of account audited – Income estimated on the basis of estimate basis is held to be not justified – Income has to be determined as per the audited books of account in accordance with law [ S.271B ]

WM India Technical and Consulting Services Pvt. Ltd. v. Dy. CIT (2020)82 ITR 37 (SN)(Delhi) (Trib)

S.92C: Transfer pricing — Arm’s length price — Reimbursement of expenses- Addition is held to be not valid .

Mysore District Co-Operative Milk Producers Society Union Ltd. v. A CIT (2020)82 ITR 11 (SN)(Bang) (Trib)

S. 80P : Co-operative societies – Member of Federation- Bonus- Dividend —Bonus to be considered as dividend- Assessing Officer is directed to verify the nature of the bonus received .[ S.80P(2) (d)

ITO v . KNS Realtors Pvt. Ltd. (2020) 82 ITR 9 (SN)(Delhi) (Trib)

S. 68 : Cash credits – Share application money — Share premium – Not establishing the creditworthiness – Investment through conduit of investor companies-Addition is held to be justified .

Devika Gunasheela (Dr.) v. JCIT (2020)82 ITR 23 (SN) 185 ITD 408 / (2021 )) 209 TTJ 931/ 199 DTR 157 (Bang) (Trib)

S.54F : Capital gains- Investment in a residential house -Vacant land – Not residential property – Entitle to exemption- Cost of acquisition — Fair market value ass on 1-4-1981 —Higher than guidelines value – Estimate is held to be reasonable . [S.45, 55(2)(b) (1) ]

Anil Dev v. Dy. CIT (2020) 82 ITR 1 (SN/ 185 ITD 418 / 119 taxmann.com 328 / (2021) 198 DTR 150/ 209 TTJ 920 (Bang) (Trib)

S.54F : Capital gains- Investment in a residential house – Joint account – Denial of exemption is held to be not justified [ S.45 ]

Ramesh V. Shetty v .ACIT (2020) 82 ITR 36 (SN)(Bang) (Trib)

S. 54EC : Capital gains – Investment in bonds -Time limit for investment is six months from date of transfer- two financial years -Entitle to exemption – Amendment by Finance (No. 2) Act, 2014 applies prospectively. [ S. 45 ]

Satish Kumar Agarwal v. PCIT (2020) 82 ITR 40 (SN)(Jaipur ) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation -Agricultural land – Not a capita asset- A sale consideration more than the district committee rate – Addition cannot be made – Revision is held to be bad in law . [ S. 2(14), 45, 263 ]