Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DCIT v. Bhawna Computers (P.) Ltd. (2023) 203 ITD 330 /108 ITR 351/ (2024) 228 TTJ 450 (Mum) (Trib.)

S. 147 : Reassessment-Share application-Accommodation-No proof of service of reasons recorded being supplied to assessee, reassessment-Reassessment is quashed-Information in his possession, in form of tangible material from Directorate of Investigation (DDIT) during third-party search that income of assessee had escaped assessment-Non-existence of a particular entity-Succession to business otherwise than on death-[S. 68, 148, 153C, 170, 292B]

Citicorp Trustee Company Ltd. v. DCIT (IT) (2023) 203 ITD 421 (Mum) (Trib.)

S. 147 : Reassessment-Income deemed to accrue or arise in India-Interest-Failure to deduct tax deduct at source-Redemption premium paid-Income had not arisen in India in hands of recipient/non-resident and there was no obligation on part of BFL to deduct tax at source on payment of interest-Re assessment is quashed. [S. 5(2), 6, 9(1(vi) 148, 201(IA)]

Bharat Electronics Ltd. v. ACIT, LTU (2023) 203 ITD 532 (Bang) (Trib.)

S. 147 : Reassessment-With in four years-Change of opinion-Scientific research expenditure-No new material-Reassessment is quashed.[S. 35(2AB), 143(3), 148]

Kunan Mal Kalu Ram Jain and Co. v. ITO (2023) 203 ITD 182 (Jaipur) (Trib.)

S. 145 : Method of accounting-Fall in profit-Detailed explanation is furnished-Estimate profit rate at 4 per cent without rejecting books of account was not in accordance with law.

DCIT v. Amrit Banaspati Company Ltd. (2023) 203 ITD 230 /226 TTJ 137 (Delhi) (Trib.)

S. 145 : Method of accounting-Undervaluation of stock-Fall in GP-Allegations made by Special Auditor-Rejection of books of account is unjustified.

Golden State Capital Pte. Ltd. v. DCIT (IT) (2023) 203 ITD 303 /229 TTJ 290 (Delhi) (Trib.)

S. 144C : Reference to dispute resolution panel-Direction issued by DRP is binding on the Assessing Officer.[S.144C(10)]

Kandla Energy and Chemicals Ltd. v. ACIT (2023) 203 ITD 190 /(2024) 229 TTJ 108 (Rajkot) (Trib.)

S. 144C : Reference to dispute resolution panel-Delay in filing object against draft assessment order-Appeal filed against draft assessment order is not maintainable-No power under section 144C for DRP to condone delay in filing objections either before it or before Assessing Officer. [S. 92CA, 144C(1), 144C(2b)(ii), 144C(3), 253 (1)]

Major Suresh Yadav. v. ITO (2023) 203 ITD 66 (Delhi) (Trib.)

S. 143(2) : Assessment-Notice-Order passed without issuing the notice-Bad in law-Estimate of income is deleted. [S. 148 , 292BB]

DCIT v. Takshashila Gruh Nirman (P.) Ltd. (2023) 203 ITD 131 /2024) 228 TTJ 890 (Ahd) (Trib.)

S. 115JB : Company-Book profit-Revaluation of lands-Merger-Clause (J) in Explanation 1 to section 115JB(2), would be applicable from assessment year 2013-14 onwards only and thus, Assessing Officer was not correct in invoking clause (J) of Explanation 1 and making adjustments in book profits on account of revaluation of lands in profit and loss account for assessment years 2011-12 and 2012-13.

Dow Chemical International (P.) Ltd. v. DCIT (2023) 203 ITD 575 (Mum) (Trib.)

S. 90 : Double taxation relief-Rate of tax-Dividend Distribution Tax (DTAA)-Refund of DDT paid at a rate exceeding that specified in DTAA-Not justified in claiming beneficial rate on dividends, as specified in Double Taxation Avoidance Agreement-DTAA-India-Denmark-Singapore-[S.115O , art. 10, 11]