Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Nirav Bipinbhai Vaghasiya v. ITO (2023) 223 TTJ 5 (UO) (SMC)(Surat)(Trib)

S. 199 : Deduction at source-Credit for tax deducted-Firm-Partner-Sale of immoveable property-Failure to file declaration-Directed to file an application under section. 199 read with Rule 37BA of the Act. [R. 37BA]

ACIT v. Shoppers Stop Ltd (2023) 223 TTJ 27/225 DTR 337 (Mum)(Trib)

S. 194C : Deduction at source-Contractors-Works contract-Sales or return basis (SOR)-Arrangement is not works contract-Not liable to deduct tax at source. [S. 201(1),Sale of Goods Act, 1930]

Bibhudutta Panda v. ACIT (2023) 222 TTJ 273 (Cuttack)(Trib)

S. 153D : Assessment-Search-Approval-Addl. CIT is granted approval to the draft assessment order-No approval for income determined in the draft assessment order and assessment determined in the assessment order-Remanded to get the approval of the Addl. CIT and to proceed in accordance with law. [S. 153A]

ACIT v. M. Ahjuja Project (India) (P) Ltd (2023) 222 TTJ 561 (Indore)(Trib) ACIT v. M. R. Agriculture (P)Ltd (2023) 222 TTJ 561 (Indore)(Trib) ACIT v. Mahendra Ahuja (2023) 222 TTJ 561 (Indore)(Trib) ACIT v. Roma Ahuja (Smt) (2023) 222 TTJ 561 (Indore)(Trib)

S. 153D : Assessment-Search-Approval-Without application of mind-Without going through the records-Orders as ab-initio void and quashed-No addition can be made in the case of concluded assessments without any incriminating materials found during the search. [S. 132,153A]

Asst. CIT v. Sunshine Infraestate (P.) Ltd [2022] 139 taxmann. com 60 / 221 TTJ 929 (TM) (All)(Trib.)

S. 153A: Assessment-Search-Issue of notice under section. 143(2)-No pendency of assessment-Not a mandatory requirement for making assessment under section 153A-Sundry creditors-Returned after search action-Deletion of addition by CIT(A) is not valid-Matter remanded to the Assessing Officer. [S. 68, 143(2)]

Bibhudutta Panda v. ACIT (2023) 222 TTJ 273 (Cuttack)(Trib)

S. 153A: Assessment-Search-Limitation-Dispatch entry is absence in the assessment folder-Assessment order passed on a subsequent date is barred by limitation. [S. 142(1), 153B]

Dy. CIT v. Mahavir Ashok Enterprises (P) Ltd (2023) 223 TTJ 947 (Raipur)(Trib)

S. 153A: Assessment-Search-No incriminating material is found-Addition is not justified. [S. 132]

Marudhar Diamond (P) Ltd v. Dy. CIT(2023) 223 TTJ 999 / 150 taxmann. com 169 (Surat)(Trib)

S. 153 : Assessment-Reassessment-Limitation-Assessment order passed beyond time limit of 21 months for completion of assessment under section 153(1)-Void ab initio-Date on which appeal had been filed by assessee, should not be included in computing delay in filing appeal as appeal had reached Registry of Tribunal on said date. [S. 143(3) 253]

Revera Milk & Foods (P) Ltd v. ITO (2023) 223 TTJ 821 (Mum)(Trib)

S. 147 : Reassessment-Recorded reasons-Un explained cash credits-Addition is made on commission income-Issue is not subject matter of notice under section 148-Reassessment order is quashed. [S. 37(1), 68,148]

Lalchand Mehrumal Jagwani v. ITO (2023) 221 ITR 273 (Pune)(Trib)

S. 147: Reassessment-Notice to verify the deposits and withdrawals-Reassessment is bad in law. [S. 148]