Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. River Valley Flour Mills (P) Ltd. (2022) 220 TTJ 127/220 DTR 55 (Pat) (Trib) ACIT v. Chandana Kothari (Smt) & Ors. (2022) 215 TTJ 729 /211 DTR 149 (Nag) (Trib)

S. 153A : Assessment-Search or requisition-Search and seizure-Wrongly adopting the figure of unaccounted assets in place of the unaccounted capital offered by the assessee in the return of income-Deletion of addition was affirmed.

ACIT v. Anand Jaikumar Jain (2022) 215 DTR 309 / 218 TTJ 813 / (2023) 147 taxmann.com 125 (Mum) (Trib)

S. 153A : Assessment-Search or Requisition-Seized material had not been corroborated-Addition was deleted. [S. 4, Indian Evidence Act, 1872, S. 65B(4)]

Radhika Goel (Smt) v. Dy. CIT (2022) 95 ITR 39 (Chd)(Trib)

S. 153A : Assessment-Search or requisition-Settlement Commission-Assessment of third person-Double taxation-Long-term capital gains-Capital gains relating to assessee already disclosed and taxed in hands of firm, in which the assessee was partner, and accepted by Settlement Commission-Cannot be taxed again in hands of assessee. [S. 10(38), 45, 132, 153C, 245A(4), 245D]

Unified Infrastructure Pvt. Ltd v. ACIT (2022)96 ITR 62 (SN) (Delhi) (Trib) Unified Developers Pvt. Ltd. v ACIT (2022)96 ITR 62 (SN) (Delhi) (Trib)

S. 153A : Assessment-Search or requisition-No notice was issued on original return filed-Assessment proceedings not pending on date of search-Addition is not valid. [S. 143(1), 143(2)]

ACIT v. Renaissance Cultivation LLP (2022) 96 ITR 665 / 219 TTJ 327 /141 taxmann.com 252 (Pune)(Trib)

S. 153A : Assessment-Search or requisition-Assessment of third person-Agricultural land at time of transfer and put to agricultural operations-Purchaser of land used for non-agricultural purpose not relevant in determining nature of aassets sold by aaassessee on date of sale-Sale consideration cannot be assessed as business income-Order of CIT(A) is affirmed. [S. 10(38), 28(i), 45]

BGR Energy Systems Ltd. v. ACIT (2022)96 ITR 625 (Chennai) (Trib) ACIT v. Sasikala Raghupathy (Smt.) (2022)96 ITR 625 (Chennai) (Trib)

S. 153A : Assessment-Search or requisition-Bogus Purchases-Additions made for bogus purchases in name of assessee’s concern-Additions made to similar amounts in hands of assessee amounts to double addition. [S. 132]

Tripta Rani (Smt.) v. ACIT (2022)97 ITR 389 (Chad) (Trib)

S. 153A : Assessment-Search or requisition-Unexplained money-Assessment of third party-Cash Deposits-Routed through books of accounts-Books of accounts not rejected-Additions made on mere conjecture not sustainable.[S. 69A]

ACIT v. Anand Jaikumar Jain (2022) 215 DTR 309 / 218 TTJ 813 / [2023] 147 taxmann.com 125 (Mum)(Trib)

S. 153A : Assessment-Search or requisition-Unaccounted cash transactions-Compensation received for selling shares-Assessing Officer had not conducted any independent enquiry or made any efforts to corroborate such unaccounted cash transactions with seized material addition was unjustified. [S. 4, 132]

ACIT v. N.M. Agro Pvt Ltd (2022) 100 ITR 482 (Delhi)(Trib)

S. 153A : Assessment-Search or requisition-Unabated assessment-No incriminating material was found-Addition cannot be made. [S. 132, 143(3)]

V. Premalatha (Smt) v. ACIT (2022)100 ITR 432 (Chennai)(Trib)

S. 153A : Assessment-Search or requisition-Assessments which do not abate-Can be interfered with only on basis of incriminating material or undisclosed income or property unearthed during Search-Time limit to issue notice under Section 143(2) has not expired-Assessing Officer is entitle to verify the income declared. [S. 143(2) 143(3)]