Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT v. Brahma City Pvt. Ltd. (2022)98 ITR 451 (Delhi) (Trib)

S. 143(3) : Assessment-Validity-Assessment pursuant to revision order of CIT-Additions made with respect to issues out of the subject matter of revision order not justified-Deletion of addition. By CIT(A) is justified. [S. 263].

Gunwant Kaur v. CIT (2022) 96 ITR 21 (SN)(Amritsar) (Trib)

S. 143(2): Assessment-Notice-Validity-Notice issued by Assessing Officer by E-Mail and affixture on same date-Notice served through E-mail taken as delivered on same day-Notice not defective. [S. 143(3)]

Uttam Enterprises Pvt. Ltd. v. ACIT (2022)97 ITR 398/ 218 TTJ 9 (UO) (Delhi) (Trib)

S. 143(2) : Assessment-Notice-Notice served after due date-barred by limitation-Notice not justified-Quashed. [(Prior To Amendment By Fa, 2016 W. E. F. 1-6-2016)]

AMBA Construction Co. v. CIT (2022)100 ITR 295 (Trib) (Delhi)(Trib)

S. 143(2) : Assessment-Notice-Notice issued by Assessing Officer returned unserved cannot be treated as service of notice.[s. 292BB, General Clauses Act, 1897, S. 27]

Cemetile Industries. v. ITO (2022) 220 DTR 265 / 220 TTJ 801 / (2023) 198 ITD 322 (Pune) (Trib.) Late Dhannang Shankar Ganesh v. Dy.CIT (2022) 220 DTR 313 / 220 TTJ 813 (Chennai)(Trib)

S. 143(1) : Assessment-Intimation-Prima facie adjustment Employees contribution to EPF/ESI-Adjustment is held to be valid [S. 36(1)(va), 43B, 143(1)(a)]

Mayajaal Entertainment Ltd. v. Dy. CIT (2022)95 ITR 86 (SN)(Chennai) (Trib)

S. 143(1) : Assessment-Intimation-credit for deduction of tax at source-Assessing Officer should give an opportunity to file tax credit certificates and consider claim of assessee. [Form No, 26AS]

Sanatan Dharam Mandir Sabha v. ITO (SMC) (SN) (2022) 95 ITR 64 (Delhi)(Trib)

S. 143(1) : Assessment-Intimation-Adjustment made by CPC-disallowance of expenditure-Assessing the Trust as an AOP-Adjustment was directed to be deleted-Application u/s 154 of the Act was allowed.[S. 2(31), 12A, 57, 154, 167B]

Young Indian v. ACIT (E) (2022)95 ITR 33 (SN)/218 TTJ 1 (Delhi)(Trib)

S. 142A : Estimate of value of assets by Valuation Officer-Fair market value-Property having high rental value in market and huge commercial viability-Circle rate not indicative of market value-Comparable sale instance better indication of realisable value.

Toffee Agricultural Farms Pvt. Ltd. v. ITO (2022) 95 ITR 74(SN)/ 217 TTJ 850 / 213 DTR 337 / 141 taxmann.com 429 (SMC) (Delhi)(Trib)

S. 142A : Estimate of value of assets by Valuation Officer-Reference to Department Valuation Officer-Unexplained expenditure-Reference for valuation of agricultural land purchased-Not valid-Commissioner (Appeals)-No power to change section under which Assessing Officer has assessed item of income. [S. 69, 69C 250, 251]

Haryana State Industrial & Infrastructure Development Corpn. Ltd. v. ACIT (2022) 220 TTJ 217 (Chd)(Trib)

S. 142(2A) : Inquiry before assessment-Special audit-Not pointed out any complexity-Reference to special audit, therefore is an invalid reference, contrary to law-Consequently, the assessment order passed in the extended period is barred by limitation and hence void [S. 143(2), 153]