Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Bankimbhai Natverbhai Patel v. ITO (Ahd.)(Trib.)(UR)

S. 271(1)(c) : Penalty-Concealment-Deemed addition- Addition under section 56(2)(vii)(b)- Penalty is deleted. [S. 56(2)(vii)(b)]

Shri Shivaji Dattatray Sonawane v. ITO (Pune)(Trib) (UR)

S. 270A : Penalty for under -reporting and misreporting of income – Not specifying the limb – Levy of penalty is not valid . [ S.270A(8) 270A(9) ]

Shri Rajender Agarwal v. ACIT (Delhi)( Trib)(UR)

S. 143(3): Assessment – Validity – Addition on account of bogus LTCG – Addition based on some incriminating material found in a search at premises of third parties- Assessment order should have been framed as per provisions of section 153C- assessment order passed under section 143(3) is set aside being bad in law. [ S. 132, 143(1), 153A , 153C ]

Sureshchandra Seksaria HUF v. ITO (Mum) ( Trib.)(UR)

S. 69 : Unexplained investments – investment in the books of account – Evidences to prove genuineness of the purchase- Addition is deleted .[ S. 143(3), 145 ]

ITO v. Gitika Commodities Pvt. Ltd. ( Kol)(Trib) (UR)

S. 68. : Cash credits – Receipt of share capital/premium – Summons issued to investors returned unserved- Addition cannot be made under section 68 for the mere reason that summons issued to investors were returned unserved . [ S. 131 , 133(6)]

ITO v. Alpa Rajendra Jain (Mum) (Trib)(UR)

S. 68: Cash credits – long term capital gain –Penny stock – Sale consideration cannot be assessed as un explained cash credits .[ S.45 ]

Ravinder Kumar v. ITO (Delhi)(Trib.) (UR)

S. 54B : Capital gains – Land used for agricultural purposes – Land purchased in name of Assessee’s wife- The AO is directed to allow the exemption. [ S. 45 ]

Avinash Kumar Ojha v. ITO (Mum.) (Trib.)(UR)

S. 40A(3) : Expenses or payments not deductible – Cash payments exceeding prescribed limits – The tax authorities are not justified in invoking the provisions of S. .40A(3) of the Act without verifying the relevant facts.

Sri Vetri Vinayagar Educational Trust v. ITO (Chennai )( Trib) (UR)

S. 11 : Property held for charitable purposes – Charitable trust – Exemption under section 11 – Allowability – Audit Report in Form No. 10B not filed along with return- AO is directed to verify the Form No. 10B filed by the assessee and allow the claim of exemption under section 11. [ Form No 10B ]

Supreme Construction & Developers Pvt. Ltd. v. State of Maharashtra & Anr. (Bom) (HC) www.itatonline.org

Central Goods and Services Tax Act, 2017

S. 73 : Determination of tax not paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful -misstatement or suppression of facts – Demands and recovery – Mere claim of demand being without jurisdiction does not warrant waiver of statutory pre-deposit requirement for filing appeal against GST order- Review – Maintainability – Procedural Lapse – Absence of Proper Advocate’s Certificate – No new grounds for review – Review petition is dismissed with costs of Rs 10000. [S.107, Maharashtra Goods and Services Tax Act, 2017, 226, Bombay High Court (O.S.) Rules, Art. 226]