Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Navin Malde v. ACIT (2021) 86 ITR 17 (SN) (Indore)(Trib.)

S. 153A : Assessment-Search-Brokerage on land transaction-Cash system of accounting-Addition cannot be made when the brokerage was not received. [S. 132]

Mohd. Atique v. ACIT (2021) 86 ITR 4 (SN) (Indore)(Trib.)

S. 153A : Assessment-Agricultural land-No incriminating material was found in the course of search-Addition not sustainable.

Sensitive Vanijya P. Ltd. v. ACIT (2021) 86 ITR 99 (Kol.)(Trib.)

S. 153A : Assessment-Search-Share application money-No incriminating material was found-Assessment was not abated-addition is held to be bad in law. [S. 68, 132, 143(3)]

ACIT v. Narula Educational Trust (2021) 86 ITR 365 (Kol.)(Trib.)

S. 153A : Assessment-Search-Without incriminating material addition is held to be not justified-Addition based on valuation report which was not available on the date of search is held to be not valid. [S. 132, 132(9D)]

ACIT v. Arvind Srinivasan (2021) 86 ITR 84 (Chennai)(Trib.)

S. 153A : Assessment-Search-No incriminating material was found-Ad-hoc disallowance of 50 % of expenditure is unsustainable-Addition claim which was made before the CIT (A), order of CIT (A) directing the AO to consider the said claim is held to be valid. [S. 250]

Rajarathnam’s Jewels v. ACIT (2021) 86 ITR 20 (SN) (Bang.)(Trib.)

S. 147 : Reassessment-Change of opinion-Metal loan from members-Consistent method-Reassessment is bad in law. [S. 148]

Vijeta Shukla (Smt.) v. Dy. CIT (2021) 86 ITR 169 (Luck.)(Trib.)

S. 147 : Reassessment-No addition was made in respect of reasons recorded-Addition of long term as bogus-Reassessment is held to be bad in law. [S. 148]

R. S. Shares and Securities Ltd. v. ITO (2021) 86 ITR 269 (Delhi) (Trib.)

S. 147 : Reassessment-With in four years-Information from Investigation wing-Client code modification-Recording of incorrect and wrong fact and wrong provision-Approval in mechanical manner Reassessment is held to be not valid. [S. 147(b), 148, 151]

Madhu Apartment Private Ltd. v. ITO (2021) 86 ITR 317 (Delhi)(Trib.)

S. 147 : Reassessment-Wrongly mentioning Section 147(b)-Not curable defects under Section 292B-Reassessment is bad in law. [S.148, 292B]

Green Valley Tower Pvt. Ltd. v. ACIT (2021) 86 ITR 1 (Delhi)(Trib.)

S. 147 : Reassessment-Search and seizure-Seized ground not related to the assessee-Reassessment is bad in law. [S. 132]