Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ekta Housing Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 56 (Mum.)(Trib.)

S. 153A : Assessment-Search or requisition-Income from undisclosed sources-On money-Only estimated income element embedded in such receipt can be taxed-15 % of receipts was accepted by group concerns by Settlement Commission-15% was accepted as reasonable-Merely on the basis of statement of employee u/s. 131 without any incriminating material-Addition cannot be made. [S. 131]

Digvijay Advisor Pvt. Ltd. v. ITO (2021) 89 ITR 17 (SMC) (SN) (Delhi)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Sanction of Commissioner-Additional Commissioner granting approval-Reassessment proceedings quashed-Notice served through affixture not valid-No attempt to serve in person or through post-Notice was quashed. [S. 147, 148, 151(1), 282]

DCIT v. Board of Cricket Control in India (2021) 212 TTJ 937/ 205 DTR 257 (Mum.)(Trib.)

S. 147 : Reassessment-Reopening by issuing notice under Section 148 but no notice under Section 143(2)-Reassessment is bad in law. [S. 143(2), 292BB]

Dhoot Stono Crafts Private Ltd. v. ACIT (2021) 212 TTJ 409 (Jaipur) (Trib.)

S. 147 : Reassessment-Absence of information or material prior to recording of reasons-Reassessment proceedings are quashed and set aside. [S. 45, 50C, 148]

Ramya Hospitals v. ITO (2021) 62 CCH 29 / 211 TTJ 36 (UO) (Vishakha)(Trib.)

S. 147 : Reassessment-Initial year was AY 2010-11 wherein AO after detailed verification allowed the deduction-Subsequent year i.e. AY 2013-14 also deduction was allowed-Reopening is nothing but change of opinion and hence quashed. [S. 80IB(11C), 148]

Gel Infrastructure Pvt. Ltd. v. ITO (2021) 89 ITR 44 (SN) (Hyd.) (Trib.)

S. 147 : Reassessment-Reason for reopening assessment did not survive-No addition can be made on other issues. [S. 45, 148]

Chand Singh v. Dy. CIT (2021) 89 ITR 57 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Order passed without disposing objections-Entire assessment proceedings vitiated. [S. 143(3), 148]

Amita Yadav (MS.) v. ITO (2021) 89 ITR 24 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Cash deposited and property purchased-Notice of reassessment was held to be valid-Matter remanded to examine the cash deposited, after giving an opportunity of being heard. [S. 143(1), 147, R. 46A]

Bishan Sharup Gupta v. ITO (2021) 89 ITR 43 (Delhi)(Trib.)

S. 147 : Reassessment-Information from Investigation wing-Notice on the basis of incorrect and non-existing reason-Non application of mind-Reassessment is not valid. [S. 68, 131, 147(b), 148]

Bharti Cellular Ltd. v. DCIT (2021) 211 TTJ 760 / 201 DTR 281 (Delhi)(Trib.)

S. 147 : Reassessment-After the expiry of four years-No allegation in the reasons recorded of any omission or failure on the part of the assessee in disclosing fully and truly all material facts necessary of assessment-Notice is void-ab-initio. [S. 148]