Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Veena Singh v. ACIT (2024) 229 TTJ 898 / 238 DTR 294 / 38 NYPTTJ 519 (Delhi) (Trib)

S. 153D : Assessment-Search-Approval–A common and consolidated approval has been granted-Approval is bad in law-Order is quashed. [S. 153A]

DCIT v. Bengal Brahmaputra Realty Ltd. (2024) 229 TTJ 41 (UO) (Gau)(Trib)

S. 153A: Assessment-Search-Unabated assessment-No incriminating material-Information from audited balance sheet-Addition is deleted. [S. 132]

Rajesh Omprakash Agrawal v. DCIT (2023) 37 NYPTTJ 631 /(2024) 229 TTJ 705 / 238 DTR 142 (Mum)(Trib)

S. 153A: Assessment-Search-Bank Locker in the name of assessee’s father-Search warrant in the name of assessee-Keys of the locker were found from the residential premises of the assessee-Issue of notice is valid-Long term capital gains on sale of equity shares-Addition is deleted.[S.68, 69C 132]

Instrumentation Laboratory India (P) Ltd. v. Dy. CIT (2024) 229 TTJ117 (UO) (Delhi)(Trib)

S. 153 : Assessment-Limitation-Date of order-Dispatch-Body of the assessment order, the date of passing of the order has been mentioned as 28th Dec., 2016-Assessment order was dispatched only on 2nd Jan., 2017 as per the postal track consignment-Assessment order is time barred.[S. 143(3)]

BCP V. Singapore Fvci Pte. Ltd. v. ACIT (2024) 229 TTJ 46 (UO) / 159 taxmann.com 63 (Delhi)(Trib)

S. 147 : Reassessment-Repatriated the amounts invested in non-convertible debentures in the earlier years-No escapement of income-Reassessment notice and order is quashed.[S. 148]

Cadmatic Oy v.ACIT (IT) (2023) 37 NYPTTJ 1723 /(2024) 229 TTJ 273 / 237 DTR 169 / 159 taxmann.com 320 (Mum)(Trib)

S. 144C : Reference to dispute resolution panel-Order passed prior to issue of direction of DRP-Order passed after direction of DRP is not valid-Additional ground is admitted-Delay in filing of an appeal is condoned.[S.143(3), 144C(13), 253(5)]

ACIT v. Markolines Infra (P) Ltd. (2024) 229 TTJ 825 / 238 DTR 203 / 38 NYPTTJ 584 (Mum) (Trib)

S. 143(1) : Assessment-Intimation-Communication for adjustment was sent at the updated email address of the assessee is valid communication-Late payment of employees contribution-Disallowance is justified-Matter is remanded to the AO to find out any extension was granted under the relevant statutes for payment of employees’ contribution to ESI/ PF [36(1)(va ), 43B, 139(1), 282,R. 127(2)]

ACIT v. BBC World (India) (P) Ltd. (2023) 156 taxmann.com 386 /37 NYPTTJ 1515 / (2024) 229 TTJ 601 / 237 DTR 201 (Delhi)(Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Reimbursement of third party cost for marketing and research-Expenses relating to advertisement were on buying of advertisement space in the newspapers-Pass through entities-Other than these three items, all other items should be considered as part of the cost base o and should be marked-up-Order of CIT(A) is affirmed.

Rajat Dhara v. DCIT (IT) (2024) 229 TTJ 76 / 236 DTR 289 / 38 NYPTTJ 376 / 162 taxmann.com 902 (Kol) (Trib)

S. 90 :Double taxation relief-Salary income earned in USA by a person resident in India-Since all the conditions mentioned in art. 16(2) of the DTAA are not attracted in the case of the assessee, the income of the assessee is taxable in USA and not in India-DTAA-India-USA [Art. 16(1), 16(2)]

Planetcast International Pte. Ltd. v. ACIT (IT) (2023) 152 taxmann.com 422 / 37 NYPTTJ 1029 / (2024) 229 TTJ 640 (Delhi) (Trib)

S. 90 :Double taxation relief-Service rendered in each projects sites did not exceed threshold limit of 183 days-No profits out of sale equipments as well as installation and commissioning services can be taxed in India-DTAA-India-Singapore [Art. 5(3), 5(4)]