Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Bentley Nevada Inc. v. DCIT (2022) 194 ITD 10 / 94 ITR 503 (Delhi)(Trib.)

S. 147 : Reassessment-Business connection-No new tangible material-Reassessment is bad in law. [S. 9(1)(i), 148]

Prakash Chand Kothari v. Dy. CIT (2022) 94 ITR 49 (Jaipur)(Trib.)

S. 147 : Reassessment-After the expiry of four years-Search and Seizure-General information from Investigation wing-No failure to disclose material facts-Re assessment not valid. [S. 148]

ITO v. Bhagchand Jain (2022) 94 ITR 472 / 217 TTJ 202 (Jaipur)(Trib.)

S. 145 : Method of accounting-Estimation of income in an arbitrary, capricious, and wild manner is not permitted in the eyes of the law and must be on a reasonable basis in congruent to the result of the prior previous years. [S. 145(3)]

ACIT v. Uttaranchal Jal Vidyut Nigam Ltd. (2022) 94 ITR 435 (Delhi)(Trib.)

S. 145 : Method of accounting-Disputed amount-The tax paid in subsequent year-Double taxation-Same income cannot be taxed twice. [S. 4,5]

DCIT v. Bridge & Building Construction Co. (P.) Ltd. (2022) 94 ITR 515 (Kol.)(Trib.)

S. 144 : Best judgment assessment-Estimation of income must be on reasonable basis in congruent to the result of the prior previous years-Principle of consistency must be followed. [S. 143(3)]

Timblo Shipyards P. Ltd. v. NEAC (2022) 94 ITR 53 (SN) (Mum.)(Trib.)

S. 143(3) : Assessment-Computation-Income from other sources-Mistake in computation sheet-Directed to take correct figure thereafter to compute tax payable which should be nil. [S. 144C(13)]

ACIT v. Silver Jubilee Motors Ltd. (2022) 94 ITR 19 (Trib.) (SN) (Pune)(Trib.)

S. 143(3) : Assessment-Deduction of tax at source-Mismatch-Income declared no deduction of tax at source claimed-Deletion of addition is proper. [Form No. 26AS]

Dharam Bhushan Jain v. ACIT (2022) 94 ITR 1 (Delhi)(Trib.)

S. 143(3) : Assessment-Limited scrutiny-Disallowance of deduction not subject matter of limited scrutiny-Addition deleted-Interest expenditure-No loan taken during year-Interest disallowance is not valid when no disallowance was made in earlier years or subsequent years. [S. 57]

ACIT v. Lepro Herbals (P.) Ltd. (2022) 94 ITR 225 /216 TTJ 682 / 215 DTR 233 (Delhi)(Trib.)

S. 143(3) : Assessment-Search-Merely because a hard disk belonging to assessee was found and seized from business premises of assessee, gives no ground for addition to the AO, when no incriminating or corroborative documents have emanated therefrom or otherwise. [S. 132, 292]

ITO v. Manjil Dineshkumar Shah (2022) 94 ITR 68 (SN) (Ahd.) (Trib.)

S. 143(2) : Assessment-Notice-Failure to issue notice-Reassessment is bad in law-Monetary limit-Information from Sales tax department falls with in the exception-Appeal is maintainable. [S. 147, 148, 268A]