Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Hari Shankar Singhania Estate. v. JCIT (2023) 199 ITD 496 (Delhi) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Commission-Direction issued for reopen the assessment for the Assessment year 2013-14 and tax the commission income and also allow credit of TDS.[S. 147,159, 254(1), R. 37BA(2)(i)]

Prasad Raghoba Naik. v. ADIT (2023) 199 ITD 95 (Panaji) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Portuguese Civil Code-Income earned to be apportioned half to spouse-TDS credit to be apportioned-Not entitle to entire TDS credit in his name. [S. 5A,154, 198, Rule. 37BA]

Anup Rajendra Tapadia. v. `DCIT (2023) 199 ITD 205 (Pune) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Credit should be given in the year in which the income is assessed though the tenant inadvertently reported same in assessment year 2021-22.[R. 37BA(3)(i)]

Shyam Sunder Bhartia. v. DCIT (IT) (2023) 200 ITD 117 (Lucknow) (Trib.)

S. 148 : Reassessment-Notice-Transfer of case-Case is transferred by Asstt. Commissioner, Moradabad to Dy. Director/Asstt. Director (Intl. Taxn.), Lucknow-No notice under section 127 was served on assessee before transferring jurisdiction-Fnal assessment order passed by Dy. Director/Asstt. Director (Intl. Taxn.), Lucknow-Without jurisdiction, non-est, illegal and bad in law-Reference to dispute resolution panel-Non eligible assessee-Draft order is not valid-Notice under section 148 was issued on 3-7-2019 and limitation would have been extended up to 30-9-2021-Assessment order passed on 28-6-2022, is barred by limitation provided under section 153(2) [S. 92CA(2), 127, 144C, 147, 153(2)]

Anshita Vimal Jain (Smt.) v. ITO (2023) 199 ITD 168 (Surat) (Trib.)

S. 147 : Reassessment-Bogus purchases-Cash credits-Accommodation entries-Information from Investigation wing-Not recorded his own satisfaction-Reassessment order is quashed. [S. 68 148]

Oxbow Energy Solutions LLC. v. DCIT, IT (2023) 199 ITD 770 (Delhi) (Trib.)

S. 144C : Reference to dispute resolution panel-Unexplained money-Draft assessment order-Order passed in violation of directions of DRP-Nullity and bad in law.[S.69A]

Siemens Ltd. v. DCIT (2023) 199 ITD 470 (Mum) (Trib.)

S. 144C : Reference to dispute resolution panel-Order in the name of amalgamating company-Non existent entity-Assessment proceedings based on an invalid draft assessment order were void ab initio and quashed. [S. 143(3)]

Linc Pen & Plastics Ltd. v. DCIT (2023) 199 ITD 719 (Kol) (Trib.)

S. 144C : Reference to dispute resolution panel-Option to file objection waived-Draft assessment order-Mandatory requirement of forwarding a draft assessment order could not be done away with-Order is quashed.

ACIT v. Tupelo Builders (P.) Ltd. (2023) 199 ITD 58 / 221 TTJ 192 (Delhi)(Trib)

S. 143(3) : Assessment-Purchase of property-Joint owners-Disclosed in the books of accounts of the Company-Transaction cannot be held to be Benami. [Prohibition of Benami Property Transactions Act, 1988, S. 2(9),24)

Bengal Peerless Housing Development Company Ltd. v. DCIT (2023) 199 ITD 679 (Kol) (Trib.)

S. 115JB : Company-Book profit-Upward adjustment-Amount withdrawn from reserve/provision which stood credited in profit and loss account for year and was reduced while computing book profit-Adjustment is deleted. [S. 145]