Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Meet Pal Singh v. ACIT (2022) 99 ITR 496/( 2023) 221 TTJ 7 (UO)) (Chd)(Trib)

S. 143(3) : Assessment-Search and seizure-Capital work in progress-Loose slips found during search-Neither claiming expenditure nor payment-Addition is deleted-Loan taken in personal capacity-Addition is not valid-Jewellery-Matter remanded. [S. 37(1), 132]

Basant Dharmichand Jain v. Dy. CIT (2022) 99 ITR 16 (Mum)(Trib)

S. 143(3) : Assessment-Undisclosed commission Income-Protective addition-Substantive addition confirmed in hands of B group-Protective addition is not unsustainable.

LIC Employees Co-Operative Credit Society v. ITO (2022)99 ITR 3 (SN) (Hyd.)(Trib.)

S. 143(3) : Assessment-Co-Operative Society-Provision for additional interest paid on compulsory thrift deposit and reinvestment deposit of compulsory thrift deposit-Not allowable as deduction-Additional ground-Deduction under section 80P-Matter remanded to the Assessing Officer. [S. 80P, 254(1)]

Dy. CIT v. Virendrabhai Devjibhai Patel (2022) 99 ITR 29 (SN) (Surat)(Trib)

S. 143(3) : Assessment-Business income-Capital gains-90 Per Cent. of profits from transactions disclosed and taxed as business income in hands of other person-Principle of uniformity-Assessee’s share of 10 Per Cent also be taxed as business income [S. 28(i), 45]

Dy. CIT v. Nexus Software Ltd (2022) 99 ITR 45 (SN) (Ahd)(Trib)

S. 143(3) : Assessment-Accommodation entry business-Commission on deposits-Estimate of income at 0.5 Per Cent is held to be proper.

Instel Services Pvt. Ltd. v. Dy. CIT (2022)99 ITR 24 (SN) (Delhi) (Trib)

S. 143(3) : Assessment-Limited scrutiny to examine “High Ratio Of Refund To Tax Deducted At Source”-Not entitled to examine expenditure which had no relationship with tax deducted at source-All additions are illegal-Capital or revenue-Legal expenses-Revenue in nature-Business promotion expenses allowable as deduction. [S. 37 (1)]

Biocon Biologics Ltd. v. Dy. CIT (2022) 99 ITR 7 (SN) (Bang)(Trib)

S. 143(3) : Assessment-Amalgamation-Intimation to Assessing Officer during course of assessment proceedings and prior to passing of draft assessment order and final assessment order Direction of Dispute Resolution Panel to pass final order in name of assessee-Assessing Officer passing assessment order in name of erstwhile company-Assessment order null and void. [S. 144C(13)

Anand Nvh Production Pvt. Ltd. v. JCIT (2022)99 ITR 17 (SN) (Delhi)(Trib)

S. 143(3) : Assessment-Scientific Research expenditure-Weighted deduction-Raising claim by letter in course of assessment proceedings-Matter remanded to Assessing Officer to examine claim in accordance with law after examining evidence furnished in support of claim. [S. 35(2AB)]

ACIT v. Sanjay Kumar Kochar (2022) 219 TTJ 925 / 218 DTR 270 / 100 ITR 195 (Raipur)(Trib)

S. 143(3) : Assessment-Method of accounting-Income from undisclosed sources-Alleged bogus purchases and sales-Accommodation entries-Goods purchased was exported-Deletion of addition by the CIT(A) is affirmed. [S. 131, 145(3)]

Dy. CIT v. Late Smt. Puspa Goyal Through Legal Munna Lal Goyal (2022) 217 TTJ 65 (UO)(Jaipur) (Trib)

S. 143(3) : Assessment-Search-On money-Trading data found in the cloud-Settlement commission accepting the application in the assessment of declarant-No evidence of on money received by the assessee-Deletion of addition is held to be justified. [S. 68, 69, 115BBE, 132 (4A), 153C, 245D(4), 292C]