Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Anand Nvh Production Pvt. Ltd. v. JCIT (2022)99 ITR 17 (SN) (Delhi)(Trib)

S. 143(3) : Assessment-Scientific Research expenditure-Weighted deduction-Raising claim by letter in course of assessment proceedings-Matter remanded to Assessing Officer to examine claim in accordance with law after examining evidence furnished in support of claim. [S. 35(2AB)]

ACIT v. Sanjay Kumar Kochar (2022) 219 TTJ 925 / 218 DTR 270 / 100 ITR 195 (Raipur)(Trib)

S. 143(3) : Assessment-Method of accounting-Income from undisclosed sources-Alleged bogus purchases and sales-Accommodation entries-Goods purchased was exported-Deletion of addition by the CIT(A) is affirmed. [S. 131, 145(3)]

Dy. CIT v. Late Smt. Puspa Goyal Through Legal Munna Lal Goyal (2022) 217 TTJ 65 (UO)(Jaipur) (Trib)

S. 143(3) : Assessment-Search-On money-Trading data found in the cloud-Settlement commission accepting the application in the assessment of declarant-No evidence of on money received by the assessee-Deletion of addition is held to be justified. [S. 68, 69, 115BBE, 132 (4A), 153C, 245D(4), 292C]

Sanjay Agrawal v. Dy. CIT (2022) 219 TTJ 239 / 218 DTR 324 (Raipur)(Trib)

S. 143(3) : Assessment-Mismatch-Books of account not rejected-Books of account and Form No 26AS-Advance receipt of amount-The receipts/sales taken by the assessee as per books override the annual statement (26AS)-Addition made by AO was deleted. [S. 4, 44AB, 145, Form No 26AS]

Hari Singh Chandal (Dr.) v. ITO (2022) 220 TTJ 839 / (2023) 221 DTR 338 /102 ITR 541 (Raipur) (Trib)

S. 143(3) : Assessment-Jurisdiction-The ITO, Ward 1(2), Jabalpur was not having jurisdiction over the case of the assessee notice under s. 143(2) issued by him was invalid-Assessment under s. 143(3) framed by the jurisdictional AO at Bilaspur on the basis of the notice under S 143(2) issued by him after the limitation period cannot be sustained-Order was quashed.[S. 2(7A), 120, 127, 143(2)]

ACIT v. Goyal Developers (2022) 219 TTJ 1041 (Indore)(Trib)

S. 143(3) : Assessment-Unaccounted receipts-On money-Land owner-No joint venture-Sale of land-No evidence was found-Dumb documents-Excel sheet found in third party premises-Order of Settlement Commission-Addition was deleted. [S. 132(4), 132(4A), 153C, 245C, 245D(4), 292C, Rule, 9, Companies Act 1956, S.209]

Jan Prakash Printing & Publishing v. ITO (2022) 220 DTR 161 / 220 TTJ 854 (Jabalpur)(Trib)

S. 143(3) : Assessment-Failure to produce vouchers-Disallowance of 20% of expenses was confirmed-Other grounds are rejected-Order of CIT(A) is affirmed with minor modification. [S. 250]

Bhagwati Devi Meel (Smt.) v. ITO (2022) 98 ITR 36 (SN) (Jaipur) (Trib)

S. 143(3) : Assessment-Protective Assessment-No statutory authorisation but recognised by Courts-Addition in hands of firm not attaining finality-Protective assessment sustainable.

ITO v. IFGL Refractories Ltd. (2022)98 ITR 209 (Kol) (Trib)

S. 143(3): Assessment-Amalgamation of companies-Order in the name of a non-existent company-Assessment framed in name of amalgamated company-Held to be invalid.

PCIT v . AT and T Communication Services (India) Pvt. Ltd. (2023)451 ITR 92 / 291 Taxman 495 /332 CTR 129/ 224 DTR 249 (Delhi)(HC)

S. 220 : Collection and recovery – Assessee deemed in default – Levy of interest – Order set aside and remanded – Interest payable from fresh assessment order [ S. 220(2), 254(1) ]