Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rameshwar Shaw v. ITO (2024)110 ITR 33 (SN) (Kol)(Trib)

S. 143(3): Assessment-Income from undisclosed sources-Sundry creditors-No discrepancy in purchase of gods or payment-Purchases and sales accepted-Entire addition of opening balance in sundry creditors is deleted. [S.133(6), 143(2)]

Bhavesh Commotrade P. Ltd. v Dy. CIT (2024) 110 ITR 180 (Ranchi)(Trib) ACIT v. Suresh Kumar Agarwal (2024)) 110 ITR 180 (Ranchi)(Trib)

S. 143(3) : Assessment-Protective assessment-Lack of confirmation from parties sourcing funds for land purchase-Subsequent substantive assessment in hands of payers becoming final-Addition of same amount in hands of assessee is invalid.[S.69C, 153A]

Bee Pee Rollers P. Ltd. v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib) Bajrangbali Re-Rollers P.Ltd v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib) Bajrangbali Steel Industries P.Ltd v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib)

S. 143(3) : Assessment-Search And Seizure-Unexplained cash credits-Creditworthiness, genuineness and identity proved-No evidence available for creditors in other assessment years from 2014-15 to 2018-19-Additions are deleted.[S.68, 132]

Monarch And Qureshi Builders v. Asst. CIT (2024) 110 ITR 76 (Mum)(Trib)

S. 143(2) : Assessment-Notice-Additional ground-Notice issued by Assessing Officer not having required Jurisdiction-Assessment order is quashed.[S. 143(3)]

Onkar Society for Engineering and Technological Research v. ITO (2024) 110 ITR 393 (Kol)(Trib)

S. 143(1) : Assessment-Intimation-Prima facie adjustments-Additional ground-Appellate Tribunal-Additional ground is admitted-Assessing Officer is duty-bound to intimate either in writing or in Electronic mode before making any adjustment or disallowance to returned income-No intimation is given-Order is quashed. [S.254(1)

Paytm First Games P. Ltd. v. ACIT (2024) 110 ITR 11 (SN)(Delhi)(Trib)

S. 139 : Return of income-Carry forward of loss-Return is filed within time-CIT(A) is recording wrong date-The Assessing Officer is directed to carry forward the loss. [S.139(1), 139(4), 139(5)]

Yashaswi Fish Meal and Oil Co. v. Dy CIT (2024) 110 ITR 530 (Bang)(Trib)

S. 133A :Power of survey-Statement in the course of survey-Bogus purchases-Statement was retracted within six days-Assessment based solely upon statement of one partner could not be sustained-Without rejecting books of account no addition can be made as bogus purchases-The acceptance by the assessee of the addition in one assessment year could not lead to a conclusion that in all these assessment years, the assessee had inserted bogus purchases in a similar way-Reassessment is valid. [S. 131, 131(IA),133, Evidence Act, 1878, S 31]

Bee Pee Rollers P. Ltd. v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib) Bajrangbali Re-Rollers P.Ltd v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib) Bajrangbali Steel Industries P.Ltd v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib)

S. 133A : Power of survey-Copy of statement recorded was not furnished-Opportunity of cross examination-Matter restored To Assessing Officer for re adjudication after granting assessee adequate opportunity to cross-examine director.

Piramal Enterprises Ltd. v. Dy. CIT (2024)110 ITR 58 (SN)(Mum)(Trib)

S. 115WB : Fringe benefits-Employer-Employee relationship-Advertisement and business promotion expenses-Conference and meeting expenses and gift articles-Accepting that expenses incurred for benefit of Doctors-No employer and employee relation ship-Addition is deleted. [S.115W(2)(d), 115WB(2)(o)]

Xchanging Technology Services India P. Ltd. v. ACIT (2024)110 ITR 52 (SN)(Delhi)(Trib)

S. 115JB : Company-Book profit-Lease equalisation reserve created on leases on buildings being used by assessee-Not to be added while computing book profits.