Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Elite Realtech Pvt. Ltd. v. ACIT (2021) 88 ITR 401 (Delhi)(Trib.)

S. 153A : Assessment-Search or requisition-No incriminating material was found-Addition cannot be made merely on the basis of post dated cheques without any corroborative evidence. [S. 132]

TEK Chand v. ITO (2021) 88 ITR 392 (Chd.)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Additional ground was admitted-Delay in filing the appeal was condoned-Sanction was mechanical, without application of mind-Order of reassessment was quashed. [S. 147,148, 151, 253, 254(1)]

Simranpal Singh Suri v. ITO (2021)88 ITR 9 (SN) (Delhi)(Trib.)

S. 148 : Reassessment-Notice-Recording of reason stating that the assessee failed to file return of income-Contradictory to facts on record-Mechanical sanction-Notice u/s. 143 (2) was issued on same day on which the assessee appeared in response to notice u/s 148-Order was quashed. [S. 143 (2) 143(3), 147, 151]

Jaspal Singh v. ITO (SMC) (2021) 88 ITR 407 / 211 TTJ 25 (UO) (Chd.) (Trib.)

S. 148 : Reassessment-Notice-Recording of reason stating that the assessee failed to file return of income-Contradictory to facts on record-Order was quashed. [S. 143(3), 147]

Charanjit Kaur (Smt.) v. ITO (2021) 88 ITR 414 / 211 TTJ 614/ 201 DTR 185 (Chd.)(Trib.)

S. 148 : Reassessment-Notice-Notice was not served-Approval granted was of mechanical manner-Legal issue-Additional ground was admitted-Reassessment proceedings is quashed. [S. 144, 147, 254(1), 282(1), Civil Procedure Code,1908, Order V rule 12, Order III rule 6]

Uttam Singh v. Dy. CIT(IT) (2021) 88 ITR (SN) 1 (Chd.)(Trib.)

S. 147 : Reassessment-Jurisdiction-Notice issued by one Officer-Reassessment order was passed by another circle-No order by Competent Authority transferring case-Order was liable to be quashed. [S. 127(2), 144, 148]

Clarion Power Corporation Ltd. v. ACIT (2021) 88 ITR 3 (SN) (Hyd.) (Trib.)

S. 147 : Reassessment-Carbon credit-Capital receipt-Reassessment notice to contrary decision of High Court-Held to be in valid. [S. 4, 148]

Kaneria Granito Ltd. v. Dy. CIT (2021) 88 ITR 7 (SN) (Surat)(Trib.)

S. 144 : Best judgment assessment-Ad-hoc disallowance on percentage basis-Books of account audited by chartered accountant-Ad-hoc disallowance was deleted [S. 37(1), 145(3)]

Golf View Homes Ltd. v. ACIT (2021)88 ITR 423 / 212 TTJ 472 / 207 DTR 199 (Bang.)(Trib.)

S. 143(2) : Assessment-Notice issued by the Assessing Officer not having jurisdiction over assessee-Additional ground admitted-Not curable defects u/s .292BB of the Act-Assessment order was quashed. [S. 127(4), 254(1), 292BB]

ACIT v. Investment Trust of India Ltd. (2021) 88 ITR 566 / 211 TTJ 777 / 203 DTR 289 (Chennai) (Trib.) Dy. CIT v. HFCL Infotel Ltd. (2021) 88 ITR 566/ 211 TTJ 777 / 203 DTR 289 (Chennai)(Trib.)

S. 115JB : Book profit-Provision created for premium payable on redemption of debentures-Ascertained liability-Not to be added to book profits.