Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


R. K. Agro Products v. ACIT (2020) 81 ITR 50 (SN) (Pune) (Trib)

S.145: Method of accounting – Fall in gross profit — Books of account not rejected – Ad hoc addition is not justified.
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Kedia Exports P. Ltd. v. ACIT (2020) 81 ITR 83( SN) ( Jaipur) (Trib)

S.145: Method of accounting – Bogus purchases — Estimation of Income — Addition Equivalent to Gross profit rate of 0.18 Per Cent. on declared turnover upheld [ S.37(1), 144 , 145(3) ]

Perfetti Van Melle (India) Pvt. Ltd. v. ACIT (2020) 81 ITR 79 (SN) (Delhi) (Trib)

S. 144C : Reference to dispute resolution panel -Draft assessment order – Proceedings concluded – Assessing Officer quantifying taxable income and determining tax payable and issuing and serving demand notice —Subsequent proceedings and orders non est — Subsequent participation would not debar assessee to raise validity before appellate authority.

Boeing India Pvt. Ltd. v .ACIT (2020)81 ITR 94 (SN) ( Delhi ) (Trib)

S. 144C : Reference to dispute resolution panel -Draft Assessment Order —Order in name of non-existing person — Not valid – Mistake neither procedural irregularity nor rectifiable [ S.292B ]

Sulekh Chand Singhal v. ACIT (2020) 81 ITR 26 (SN) ( Delhi) (Trib)

S. 143(3): Assessment – Search and Seizure — Unaccounted income — Medical college — Donations and capitation fees — Onus upon revenue – Addition based on statement by Chairman of Trust — No Cross-Examination Allowed- Addition is deleted [S. 69 , 132, 147 , 148 ]

Silburn Papers Pvt. Ltd. v ITO (2020)81 ITR 85 (SN)( Delhi)(Trib)

S.143(3): Assessment – Unverifiable purchases — Bogus purchases- Sales accepted- Failure by some parties to respond to notice- Entire purchases cannot be disallowed – Directed to estimation of gross profit rate on the turnover . [ S.37(1), 69C ]

ACIT v .Oscar Investment Ltd. (2020) 81 ITR 81 (SN) (Delhi) (Trib)

S.143(3) : Assessment -Revision — Addition made pursuant to revisional order — Tribunal quashing revisional order — Resultant Proceedings would not survive [ S.14A, 115JB , 254(1), 263 ]

Roop Kishore Madan v .Dy. CIT (2020) 81 ITR 55 (SN) ( Delhi ) (Trib)

S. 132(4) : Search and seizure – Statement on oath – Short term capital gains- Offered in statement recorded during search – Brought forward capital loss of earlier years – Eligible to be set off against short term gains of current year – Set off of loss not to be denied on ground that not claimed in statement recorded during search [ S. 74 ]

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 ]

S. Vinodkumar Diamonds P. Ltd. v Dy. CIT (2020) 81 ITR 46 (SN) (Mum) (Trib)

S.92C: Transfer pricing — Arm’s Length Price — Delay in realisation of trade debts — Uniform policy -Associated enterprises and non- enterprises — Addition of notional interest is held to be not justified . [ S.92B ]