Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


G. Hemalatha (Smt.) v .ACIT (2020) 80 ITR 456 (Chennai) (Trib)

S. 254(2A): Appellate Tribunal –Stay- No case made out for stay of demand – Irreparable loss and financial difficulties — Stay petition dismissed [ S.254(1)]

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

S.254(1): Appellate Tribunal – Orders – Period of the first national lock-down from March 25, 2020 to April 19, 2020, when offices were not allowed to be physically opened, was excluded the period within which this order was pronounced was within 90 days.

Green Valley Infracity P. Ltd. v .ITO (2020) 80 ITR 388 / 193 DTR 201/ 207 TTJ 339(SM) ( Delhi) (Trib)

S. 251 : Appeal – Commissioner (Appeals) – Powers – Remand by Tribunal -Inspector of Income-Tax not competent to issue enhancement notice —Order enhancing income not sustainable [ S. 69C, 251(2) ]

General Motors Overseas Corporation v. ACIT (IT) (2020) 80 ITR 478/ 207 TTJ 404 (Mum) (Trib)

S. 234B : Interest – Advance tax – Failure by payer to deduct tax at source — Interest cannot be imposed.

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.