Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


M.P. Warehousing & Logistics Corporation v. ACIT (2020) 183 ITD 485 /195 DTR 89/ 84 ITR 75 / 207 TTJ 743 (Indore) (Trib.)

S. 194I : Deduction at source-Rent-State Government-Krishi Upaj Mandi Samiti-Income exempt-Not liable to tax at source. [S.10(26AAB)]

DCIT v. Sahara India Financial Corporation Ltd. (2020) 183 ITD 266 /194 DTR 153/207 TTJ 555 (Delhi)(Trib.)

S. 194A : Deduction at source-Interest other than interest on securities-Interest payable to any of individual account holder did not exceed Rs. 2,500 in a Financial year-Not liable to deduct tax at source. [S. 201]

Air Force Navy Farm Owners Welfare Association v. ITO (2020) 183 ITD 611 (Delhi)(Trib.)

S. 167B : Charge of tax-Shares of members unknown-Association of person (AOP)-Income of its Members exceeded basic exemption limit-Liable to be taxed at maximum marginal rate. [Societies Registration Act, 1860]

Sandeep Bhargava (‘HUF’) v. CIT (2020) 83 ITR 217 / 183 ITD 437 (Chd.)(Trib.)

S. 154 : Rectification of mistake-Transfer of land used for agricultural purposes-Whether HUF is entitle to exemption-Debatable-Rectification order is held to be not valid. [S. 54B]

Wimco Seedlings Ltd. v. JCIT (2020) 82 ITR 235 / 183 ITD 211 (Delhi)(Trib.)

S. 148 : Reassessment-Notice-Recorded reasons-Failure to provide complete details of reasons recorded and not merely few extracts of said reasons-Reassessment is held to be bad in law. [S. 147]

Harshvardhan Constructions. v. ITO (2020) 81 ITR 299 / 183 ITD 497 / 207 TTJ 663 (Mum.)(Trib.)

S. 147 : Reassessment-With in four years-Information from Local Authority stating that building competition certificate was not issued-Reassessment is held to be valid. [S. 80IB(10) 148]

Paramount Impex v. ACIT (2020) 183 ITD 556/207 TTJ 41 (UO) (Chd.)(Trib.)

S. 145 : Method of accounting-Dealing in a large number of small items-Non-maintenance of stock register could not be basis for rejection of books of account-Applying Gross Profit Rate of year is not correct method of valuation of stock which ideally should be valued at cost or market price.

IPF India Property Cyprus (No. 1) Ltd. v. DCIT (2020) 183 ITD 46/ 193 DTR 337 / 207 TTJ 449 (Mum.)(Trib.)

S. 144C : Reference to dispute resolution panel-In respect of period prior to 1-4-2020 cases in which no variations in returned income or loss were proposed, draft assessment orders were not required to be issued. [S. 92C]

Uday Shankar Mahawar v. ACIT (2020) 183 ITD 305 (Kol.)(Trib.)

S. 143(3) : Assessment-Survey-Undisclosed income-Accommodation entries-Commission income-Amount not recovered allowable as deduction from the undisclosed income estimated. [S. 28(i) 68, 133A]

Hemant Mittal v. ITO (2020) 183 ITD 295 (Delhi)(Trib.)

S. 143(3) : Assessment-Notice issued without examining the return-Assessment order was quashed. [S. 142(1), 143(2)]