Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


H. P. Agro Industries Corp. Ltd. v. ITO (2022) 216 DTR 186 / 218 TTJ 778 (Chd)(Trib)

S. 144 : Best judgment assessment-Lack of effective representation-Matter remanded. [S. 254(1)]

Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum) (Trib)

S. 144 : Best judgment assessment-Search and seizure-Failed to file return in response to notice-Best judgement assessment valid. [S. 139]

Md. Ismail Saree Creations v. ITO (2022) 95 ITR 15 (SN) (Kol) (Trib)

S. 143(3) : Assessment-Survey-Difference between closings tock found and that shown in books-Books of account not rejected-Addition based on estimation is held to be not justified. [S. 133(6) 133A]

Dy. CIT v. Precision Informatic (Madras) Pvt. Ltd. (2022) 96 ITR 1 (SN) (Chennai) (Trib)

S. 143(3) : Assessment-Estimation of turnover-Value added tax and Service tax-Estimation of gross profit on difference in turnover not justified.

ITO v. Ramesh Chand (2022)97 ITR 421 (Delhi) (Trib)

S. 143(3) : Assessment-Income from undisclosed sources-Cash low household expenses-House located in small City-Income of two sons-Agricultural income-Deletion of addition is justified.

Chhotubhai Vitthalbhai Patel v. Dy. CIT (2022) 97 ITR 265 (Ahd) (Trib)

S. 143(3) : Assessment-Depreciation-All particulars of asset furnished-Deletion of addition is affirmed. [S. 143(1)]

Al Aziz Broilers v. ACIT (2022) 97 ITR 41 (SN) (Chennai)(Trib)

S. 143(3) : Assessment-Rejection of books of accounts-No uniformity in sale of chicken-Highly perishable-Estimation of gross profits based on two months’ statistics improper-Directed to allow 90% of total expenses after taking gross profit at 8%-Partly allowed. [S. 144]

DSG Papers (P) Ltd. v. ACIT (2022) 219 TTJ 194 / 217 DTR 49 / 99 ITR 241 / 147 taxmann.com 195 (Chd)(Trib)

S. 143(3) : Assessment-Search and Seizure-Undisclosed sales-Intelligence Wing of GST-Papers recovered from the residence of ex=President of the assessee company and dealers-Statement used against the assessee-Opportunity of cross examination was not provided-Addition is unjustified. [S. 4, 131, 132]

Ekalavya career Academy Trust v. ITO (2022) 218 TTJ 762 / 217 DTR 209 / (2023) 146 taxmann.com 414 (Cuttack)(Trib)

S. 143(3) : Assessment-Jurisdcition-Notice-Transfer of case-Failure to produce the Circular giving power to transfer of case-Appeal required to be restored to file of Asstt. Commissioner, Rourkela Circle, Rourkela for de novo assessment. [S. 116, 127, 143(2), 144]

Sudhir Chadha v. ACIT (2022) 100 ITR 56 (SN) (Delhi)(Trib)

S. 143(3) : Assessment-Limited scrutiny-Assessing Officer cannot go beyond grounds on which selected-Business expenditure-Medical Doctor-Payment of commission for referring patients-Not permissible-Expense not allowable. [S. 37(1)]