Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Lala Bharat Lal and sons v. ITO(TDS) (2020)78 ITR 451/187 DTR 193/183 ITD 172 / 204 TTJ 393 ( Luck ) (Trib)

S. 206C : Collection at source – Trader in scrap – Waste -Not in the business of manufacturing – Not liable to deduct tax collection at source .

Agreenco Fibre Foam (P.) Ltd. v. ITO(TDS) (2020)78 ITR 358(Cochin) (Trib)

S. 201 : Deduction at source – Failure to deduct or pay –Calculation of levy of interest – Interest to be calculated from the date on which tax should have been deducted to the date on which the payee should have filed its return [ S.201(1) 201(IA) ]

Dy. CIT v. Madhyam Housing Pvt. Ltd. (2020)78 ITR 296 ( Delhi) (Trib)

S. 153A : Assessment – Search-No incriminating material found during search — Assessment completed on date of search cannot be disturbed — Assessment not valid.[ S.132]

Nigam Computers Pvt. Ltd. v. ITO (2020) 78 ITR 384 ( Delhi) (Trib)

S.147: Reassessment — Accommodation entry -Information from Director of Income-Tax- No application of mind or independent inquiry or link between any tangible material- Reassessment not valid.[ S.148 ]

Bull Riders Financial Services (P.) Ltd. v. ITO (2020)78 ITR 688 / 195 DTR 404/207 TTJ 573 (Delhi) (Trib)

S.147: Reassessment — Accommodation entry -Information from Director of Income-Tax- No application of mind or independent inquiry or link between any tangible material- Reassessment not valid.[ S.148 ]

ITO v. Krish Homes Pvt Ltd (2020)78 ITR 101/ 186 DTR 177/203 TTJ 909 ( Jaipur) (Trib)

S. 147 : Reassessment –With in four years- Change of opinion- Sale of agricultural land available on record at time of original assessment — Book profit – Agricultural Land — Gains on sale of agricultural land not deductible- Reassessment is held to be not valid [ S. 2(14((iii) , 115JB ,148 ]

Bull Riders Financial Services (P.) Ltd. v. ITO (2020)78 ITR 688 / 195 DTR 404 /207 TTJ 573 (Delhi) (Trib)

S.147:Reassessment — Accommodation entries- Share application and share premium- No failure to disclose any material facts – Assessing Officer not mentioning names of parties from whom receipt of accommodation entry in reasons — Reassessment held to be not valid.[ S.68 , 148 ]

Manju Kaushik (Smt.) v. Dy. CIT (2020)78 ITR 564/192 DTR 227 /206 TTJ 435 ( Jaipur) (Trib)

S.143(3):Assessment — Conversion of limited scrutiny into complete scrutiny — Assessing Officer is bound to follow the instructions -Prior approval from competent authority mandatory —In the absence of communication in writing to Assessing Officer about approval, assumption of jurisdiction by Assessing Officer invalid .[ S.54B ]

Ultimate Flexipack Ltd. v Dy. CIT (2020)78 ITR 410( Delhi) (Trib)

S.115JB: Book Profits — Subsidy received in form of Excise Duty refund for establishment of new industrial undertaking — Capital subsidy not liable to tax — Excludible from computation of book profits.

Dy. CIT v. MBL Infrastructure Ltd. (2020)78 ITR 156 (Kol) (Trib)

S. 115JB : Book profit – Retention money – Not to be considered for computing book profits – Exemption under section 80IA is not allowable while computing book profit- Secondary and higher education cess- Deduction can be claimed in appellate proceedings [ S. 40(a)(i), 80IA 254(1) ]