Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


HCL Comet Ltd v DCIT ( 2020) BCAJ- October – P. 38 ( Delhi) (Trib)

S. 199 : Deduction at source – Credit for tax deducted -Allowed in the year of deduction – Related revenue was booked in subsequent years .[ S.145, 199(3) ]

Sanjay Singhal v. Dy.CIT (2020) 80 ITR 117 (Chd) (Trib) Aarti Singhal (Smt.) v. Dy. CIT (2020) 80 ITR 117 (Chd) (Trib)

S. 153A : Assessment – Search- No incriminating material found during search- Statement of third parties cannot be considered as incriminating material- Opportunity to cross- examination not provided [ S.132(1), 132(4) ]

Dy. CIT v. Taureg Properties and Security Services Ltd (2020)80 ITR 386 ( Delhi) (Trib)

S.148: Reassessment — Notice — Assessing Officer not signing notice or mentioning assessment year — Notice is illegal — Reassessment proceedings not valid .[ S.147]

K. Srikanth v .ACIT (2020) 80 ITR 272 / 195 DTR 17 /206 TTJ 273 ( Chennai ) (Trib)

S. 147 : Reassessment –With in four years-No scrutiny assessment — Non-compete Fee – Claiming a huge exemption of income by making incomplete, untrue and wrong claim — Primary facts not completely, correctly and truly disclosed in return — Reassessment is held to be valid [ S.143(1) 148 ]

Ajay Baldevbhai Patel v. ITO (2020) 80 ITR 367 ( Ahd) (Trib)

S. 144 : Best judgment assessment – No new facts – Addition is held to be justified . [ S.69B ]

Dy. CIT v .Yahoo Software Development P. Ltd. (2020) 80 ITR 528 ( Bang) (Trib)

S.115JB: Book profits —Additional revenue in its books — Assessing Officer cannot tinker with book profit.

Bureau Veritas Consumer Products Services (India) P. Ltd. v ACIT ( 2020) 81 ITR 73 (SN) ( (Delhi) (Trib

S.92C: Transfer Pricing—Comparables- A company is engaged in BPO services cannot be rejected as a comparable merely by stating that it is in the health care segment and is functionally dissimilar -Matter remanded .

Vitech Systems Asia Pvt. Ltd. v. ITO (2020) 81 ITR 58 (SN) (Hyd) (Trib)

S.92C: Transfer pricing -Arm’s length price — Exchange rate fluctuations —Taken part of operating margin [ S.92CA ]

Isolloyd Engineering Technologies Ltd v DCIT ( 2020) BCAJ- October -P. 37 ( Delhi ) (Trib)

S. 80IC : Special category States – Scrap – Sale of scrap is part of business income – Eligible for deduction .

Belmarks Metal Works v. ITO (2020) 80 ITR 699 ( Delhi) (Trib)

S. 69C: Unexplained expenditure – Bogus purchases — source of purchase not outside books of account and corresponding sales not disputed — Books of account not rejected – Only profit element can be added – Reassessment is held to be valid [ S.37 , 143(3) 147 , 148 ]