Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dr Swati Mahesh Vinchurkar v. DCIT (2021) 191 ITD 434 (Surat) (Trib.)

S. 145 : Method of accounting-Amount reflected in form No 26AS-CPC-Burden is on revenue to show that the amount was received by the assessee. [S. 143(3), 194J, Form No. 26AS]

DCIT v. Hinduja Leyland Finance Ltd. (2021) 191 ITD 529 (Chennai)(Trib.)

S. 145 : Method of accounting-Change of accounting-Revenue expenditure allowable as deduction-Loan processing fees on term loan, stamp charges, share issue expenses-Allowable as deduction, though shown as prepaid expenses or deferred expenditure in books of account. [S. 37(1)]

SBG Infrastructure LLP. V. DCIT (2021) 191 ITD 400 (Ahd.)(Trib.)

S. 144 : Best judgment assessment-Assessment order passed without issue of notice u/s 143(2) of the Act was held to be bad in law. [S. 143(2)]

Uma Mandal (Smt.) v. ITO (2021) 191 ITD 212 (Jaipur)(Trib.)

S. 143(3) : Assessment-Cash credits-Cash deposited in the bank-Accommodation entries-No return was filed-Justified in treating the entire deposit as turnover and estimating the net profit at 5 percent-Reassessment was held to be justified. [S. 68 147, 148]

Harman Singh Dhingra v. ACIT (2021) 191 ITD 687 / 92 ITR 133 / (2022) 215 DTR 329 (Delhi)(Trib.)

S. 143(2) : Assessment-Notice-Notice was issued after statutory limit-Order null and void ab initio. [S. 69A, 132]

ACIT v. India Power Corporation Ltd. (2021) 191 ITD 250 (Kol.) (Trib.)

S. 115JB : Book profit-Debenture redemption reserve (DRR), Amount could not be considered as reserve-To be excluded while computing book profit-Capital gains on transfer of assets and investment should be included while computing book profit. [S. 45, Companies Act, 1956, S. 117C]

Carrier Midea India (P.) Ltd. v. DCIT (2021) 191 ITD 286 (Delhi)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Manufacturing and trading of light commercial air-conditioning systems-Methods-Transactional Net Margin Method (TNMM)-Other method-MAM-Rule of consistency was followed-Directed to other method.

Kumaran Systems (P.) Ltd. v. DCIT (2021) 191 ITD 514 (Chennai) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Turnover filter-Having small turnover-Cannot be compared with giant companies having huge turnover-Matter remanded.

Michael E Desa v. ITO(IT) (2021) 191 ITD 691 / 206 DTR 114 / 213 TTJ 753 (Mum.)(Trib.)

S. 70 : Set off of loss-One source against income from another source-Same head of income-Long term capital loss-Non-Resident-ownership of shares was transferred-consideration was paid and transaction was complete-Benefit of long-term capital loss set-off cannot be denied. [S. 45]

Ankit Manubhai Kachadiya v. DCIT (2021) 191 ITD 618 (Surat) (Trib.)

S. 69A : Unexplained money-Search and Seizure-Jewellery seized-Below limit prescribed by CBDT Circular No 1916, dt. 11-5-1994-Addition was deleted. [S. 132]