Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


A.K. Cold Storage Pvt. Ltd. v. ITO (2022)95 ITR 549 (Luck)(Trib)

S. 145 : Method of accounting-Accrual of income-Entitled to receive cold storage charges only on preservation of potatoes in good, marketable condition up to that time-No accrual of cold storage charges over time or right to receive them in part performance of contract-Income for business cycle February to November did not accrue to assessee during February-March-No adjustment for contract period February to November to be made for year ending March-Direct input cost of provision of cold storage charges relating to February and March to be kept in abeyance to be claimed in following year.[S. 4, 5, 37 (1)]

Gowrinath Chits Pvt. Ltd. v. ITO (2022) 95 ITR 9 (SN)(Bang) (Trib)

S. 145 : Method of accounting-Chit fund business-Accrual of income-Estimating the commission at five percent of gross chit collection is not proper-Matter remanded. [S. 5]

ACIT v. D. D. Resorts Pvt. Ltd. (2022)95 ITR 1 (SN(Delhi) (Trib)

S. 145 : Method of accounting-Real estate development business–Recognizing income at time of delivery of possession to customer-Applying the percentage method of accounting is not justified.

Herbalife International India Pvt. Ltd. v. Dy. CIT (2022)100 ITR 456 (Bang) (Trib)

S. 145 : Method of accounting-Inventory write off-Failure to provide the evidence-Not allowable as deduction. [S. 28(i)]

Roop Square P. Ltd. v. ACIT (2022) 99 ITR 451 (Chd)(Trib)

S. 145 : Method of accounting-No defects in books of account-Estimation of GP was deleted-Forward dated bills duly accounted-Sufficient cash in hand-Deletion of addition is proper. [S.68, 145(3), 153A]

HCC Samsung Joint Venture v. ACIT (2022) 220 DTR 105 / 220 TTJ 671 (Mum)(Trib)

S. 145 : Method of accounting-Work in progress-Notional valuation-Consolidating books of account-Addition is deleted.[S. 69]

HCC Samsung Joint Venture v. ACIT (2022) 220 DTR 105/ 220 TTJ 631/ (2023) 148 taxmann.com 119 (Mum)(Trib)

S. 145 : Method of accounting-Valuation of stock-Joint venture-Addition on account of construction work-Addition was deleted.

Narendra Laxmansingh Solanki v. Dy. CIT (2022) 98 ITR 10 (SN) (Ahd.)(Trib.)

S. 145 : Method of accounting-Difference between contractual receipts according to Form 26AS and in books of assessee-Meagre difference-Addition was deleted. [S. 5]

DSV Solutions (P) Ltd. v. Dy. CIT (2022) 220 DTR 297 /144 taxmann.com 181 / (2023) 221 TTJ 310 (Mum)(Trib)

S. 144C : Reference to dispute resolution panel-Draft assessment order was not forwarded to correct address-Order is barred by limitation [S. 92CA(3), 127(2) 153]

Suretex Prophylactics (India) Ltd. v. ACIT (2022)96 ITR 275 (Bang)(Trib)

S. 144C : Reference to dispute resolution panel-Draft Assessment order-Procedure-Mandatory-Issue of demand notice and penalty notice along with draft assessment order-Assessment order was quashed. [S.143(3), 156]