Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Air Force Navy Farm Owners Welfare Association v. ITO (2020) 183 ITD 611 (Delhi)(Trib.)

S. 167B : Charge of tax-Shares of members unknown-Association of person (AOP)-Income of its Members exceeded basic exemption limit-Liable to be taxed at maximum marginal rate. [Societies Registration Act, 1860]

Sandeep Bhargava (‘HUF’) v. CIT (2020) 83 ITR 217 / 183 ITD 437 (Chd.)(Trib.)

S. 154 : Rectification of mistake-Transfer of land used for agricultural purposes-Whether HUF is entitle to exemption-Debatable-Rectification order is held to be not valid. [S. 54B]

Wimco Seedlings Ltd. v. JCIT (2020) 82 ITR 235 / 183 ITD 211 (Delhi)(Trib.)

S. 148 : Reassessment-Notice-Recorded reasons-Failure to provide complete details of reasons recorded and not merely few extracts of said reasons-Reassessment is held to be bad in law. [S. 147]

Harshvardhan Constructions. v. ITO (2020) 81 ITR 299 / 183 ITD 497 / 207 TTJ 663 (Mum.)(Trib.)

S. 147 : Reassessment-With in four years-Information from Local Authority stating that building competition certificate was not issued-Reassessment is held to be valid. [S. 80IB(10) 148]

Paramount Impex v. ACIT (2020) 183 ITD 556/207 TTJ 41 (UO) (Chd.)(Trib.)

S. 145 : Method of accounting-Dealing in a large number of small items-Non-maintenance of stock register could not be basis for rejection of books of account-Applying Gross Profit Rate of year is not correct method of valuation of stock which ideally should be valued at cost or market price.

IPF India Property Cyprus (No. 1) Ltd. v. DCIT (2020) 183 ITD 46/ 193 DTR 337 / 207 TTJ 449 (Mum.)(Trib.)

S. 144C : Reference to dispute resolution panel-In respect of period prior to 1-4-2020 cases in which no variations in returned income or loss were proposed, draft assessment orders were not required to be issued. [S. 92C]

Uday Shankar Mahawar v. ACIT (2020) 183 ITD 305 (Kol.)(Trib.)

S. 143(3) : Assessment-Survey-Undisclosed income-Accommodation entries-Commission income-Amount not recovered allowable as deduction from the undisclosed income estimated. [S. 28(i) 68, 133A]

Hemant Mittal v. ITO (2020) 183 ITD 295 (Delhi)(Trib.)

S. 143(3) : Assessment-Notice issued without examining the return-Assessment order was quashed. [S. 142(1), 143(2)]

ACIT v. Soul Space Projects Ltd. (2020) 82 ITR 399 / 183 ITD 281 (Delhi)(Trib.)

S. 142(2A) : Inquiry before assessment-Special audit-Extension of time given by Commissioner instead the Assessing Officer in getting books of account audited-Assessment completed after due date was void ab initio.

ACIT v. Padma Logistics & Khanij (P.) Ltd. (2020) 81 ITR 61 / 183 ITD 891 /208 TTJ 67 (Kol.)(Trib.)

S. 139 : Return of income-Intimation-Demerger-Revised return can be filed even after issue of intimation. [S. 2(19AA), 72(4A), 139(5), 143(1)]