Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DSG Papers (P) Ltd. v. ACIT (2022) 219 TTJ 194 / 217 DTR 49 / 99 ITR 241 / 147 taxmann.com 195 (Chd)(Trib)

S. 143(3) : Assessment-Search and Seizure-Undisclosed sales-Intelligence Wing of GST-Papers recovered from the residence of ex=President of the assessee company and dealers-Statement used against the assessee-Opportunity of cross examination was not provided-Addition is unjustified. [S. 4, 131, 132]

Ekalavya career Academy Trust v. ITO (2022) 218 TTJ 762 / 217 DTR 209 / (2023) 146 taxmann.com 414 (Cuttack)(Trib)

S. 143(3) : Assessment-Jurisdcition-Notice-Transfer of case-Failure to produce the Circular giving power to transfer of case-Appeal required to be restored to file of Asstt. Commissioner, Rourkela Circle, Rourkela for de novo assessment. [S. 116, 127, 143(2), 144]

Sudhir Chadha v. ACIT (2022) 100 ITR 56 (SN) (Delhi)(Trib)

S. 143(3) : Assessment-Limited scrutiny-Assessing Officer cannot go beyond grounds on which selected-Business expenditure-Medical Doctor-Payment of commission for referring patients-Not permissible-Expense not allowable. [S. 37(1)]

Meet Pal Singh v. ACIT (2022) 99 ITR 496/( 2023) 221 TTJ 7 (UO)) (Chd)(Trib)

S. 143(3) : Assessment-Search and seizure-Capital work in progress-Loose slips found during search-Neither claiming expenditure nor payment-Addition is deleted-Loan taken in personal capacity-Addition is not valid-Jewellery-Matter remanded. [S. 37(1), 132]

Basant Dharmichand Jain v. Dy. CIT (2022) 99 ITR 16 (Mum)(Trib)

S. 143(3) : Assessment-Undisclosed commission Income-Protective addition-Substantive addition confirmed in hands of B group-Protective addition is not unsustainable.

LIC Employees Co-Operative Credit Society v. ITO (2022)99 ITR 3 (SN) (Hyd.)(Trib.)

S. 143(3) : Assessment-Co-Operative Society-Provision for additional interest paid on compulsory thrift deposit and reinvestment deposit of compulsory thrift deposit-Not allowable as deduction-Additional ground-Deduction under section 80P-Matter remanded to the Assessing Officer. [S. 80P, 254(1)]

Dy. CIT v. Virendrabhai Devjibhai Patel (2022) 99 ITR 29 (SN) (Surat)(Trib)

S. 143(3) : Assessment-Business income-Capital gains-90 Per Cent. of profits from transactions disclosed and taxed as business income in hands of other person-Principle of uniformity-Assessee’s share of 10 Per Cent also be taxed as business income [S. 28(i), 45]

Dy. CIT v. Nexus Software Ltd (2022) 99 ITR 45 (SN) (Ahd)(Trib)

S. 143(3) : Assessment-Accommodation entry business-Commission on deposits-Estimate of income at 0.5 Per Cent is held to be proper.

Instel Services Pvt. Ltd. v. Dy. CIT (2022)99 ITR 24 (SN) (Delhi) (Trib)

S. 143(3) : Assessment-Limited scrutiny to examine “High Ratio Of Refund To Tax Deducted At Source”-Not entitled to examine expenditure which had no relationship with tax deducted at source-All additions are illegal-Capital or revenue-Legal expenses-Revenue in nature-Business promotion expenses allowable as deduction. [S. 37 (1)]

Biocon Biologics Ltd. v. Dy. CIT (2022) 99 ITR 7 (SN) (Bang)(Trib)

S. 143(3) : Assessment-Amalgamation-Intimation to Assessing Officer during course of assessment proceedings and prior to passing of draft assessment order and final assessment order Direction of Dispute Resolution Panel to pass final order in name of assessee-Assessing Officer passing assessment order in name of erstwhile company-Assessment order null and void. [S. 144C(13)