Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Trivium Esolutions Pvt. Ltd. v. Dy. CIT (2022) 99 ITR 27 (SN) (Bang.)(Trib.)

S. 144C : Reference to dispute resolution panel-Arm’s length price-Transfer pricing adjustment was not in accordance with the direction of the Dispute Resolution Panel-Order was quashed. [S. 144C(13)]

Ravi Kumar Tirupati Parthasarathy v. Dy. CIT (2022)99 ITR 70 (SN)(Bang) (Trib)

S. 144C : Reference to dispute resolution panel-Capital gains-Non-Resident-Eligible assessee-Change Of Law-Amendment to include non-Residents as eligible assessees with effect from 1-4-2020-Pending assessments for which orders passed after 1-4-2020 is covered by amended section.[S. 45, 49]

YCH Logistics (India) Pvt. Ltd. v. Dy. CIT (2022)98 ITR 467 (Chennai) (Trib)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Assignment of finality to draft order-Order vitiated. [S. 143(3)]

Vmware Software India P. Ltd. v. Dy. CIT (2022)98 ITR 219 (Bang) (Trib)

S. 144C : Reference to dispute resolution panel-Order not in conformity with directions of Dispute Resolution Panel-Order bad in law and not sustainable. [S. 143(3)]

VMware Software India P. Ltd. v. Dy. CIT (2022)98 ITR 219 (Bang) (Trib)

S. 144C : Reference to dispute resolution panel-Transfer pricing-Assessing Officer to pass final order from end of month in which direction received from Dispute Resolution Panel-Order not barred by limitation.[S. 92C, 144C(13)]

ACIT v. Kamlesh Kumar Sahu (2022) 96 ITR 53 (SN) (Jabalpur) (Trib)

S. 144 : Best judgment assessment-Cash deposited in assessee’s Bank Account-Burden of proof on assessee that bank account not his-Matter remanded for adjudication afresh. [S. 143(3)]

Mohan Chandra Mondal v. ITO (2022) 97 ITR 53 (SN) (Kol) (Trib)

S. 144 : Best judgement assessment-Income from undisclosed sources-Estimation of profits-Profits declared at 14.80%-Amount deposited in account much higher than turnover-Assessing officer applied net profit at 8%-Additions justified-Interest income not disclosed-Addition is justified. [S. 69, Form 26AS]

Tarun Chakraborty v. JCIT (2022)100 ITR 20 (SN)(Kol.) (Trib)

S. 144 : Best judgment assessment-Estimation of income-Producing complete production details of manufacturing of bricks-Consistency of business-Partly confirmed. [S. 144]

New Truck Operators Union v. ITO (2022) 99 ITR 522 (Chd) (Trib)

S. 144 : Best judgment assessment-Failure to produce vouchers and books of account-Not owning the Trucks-Estimation of profit-Failure to produce books of account-Assessing officer estimating at 12 Per Cent on gross receipts-CIT(A) reducing to 5 Per Cent-Tribunal applied 2.5 Per Cent of net profit rate on gross receipts. [S. 44AB, 143(3), 145(3)]

Rishi Prakash v. ITO (2022)99 ITR 10 (SN)(Delhi) (Trib)

S. 144 : Best judgment assessment-Details not filed-Best judgement is held to be justified. [S. 142(1)), 143(2)]