Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sathyam Educational & Charitable Trust v. ITO (NFAC) 103 ITR 50 (Chennai) (SN)(Trib)

S. 154 : Rectification of mistake-Mistake apparent from the record-Educational institution-Claim of exemption u/s. 11 without registration u/s. 12AA-Eligible for deduction-Annual receipt not to include voluntary donation forming part of corpus-Rectification application is allowed.[S. 10(23C)(iiiad), 11, 12, 12AA]

Akshata Realtors P. Ltd. v. Asst. CIT (2023)103 ITR 652 (Raipur) (Trib)

S. 153D : Assessment-Search-Approval-Sanction of prescribed authority-Income from other sources-Addition made under head “Income from other sources” on ground Assessee could not explain source and details of investment made-Approval given by Joint Commissioner as formality without application of mind-No clarification whether or not assessment record seen by Joint Commissioner-Approval invalid and liable to be quashed .[S. 153A]

ACIT v .Dr. D. Y. Patil Education Society (2023)104 ITR 296 (Mum) (Trib)

S. 153C : Assessment-Income of any other person-Search-Appelllate Tribunal-Additional ground-Legal issue-Admitted-The assessment ought to have been made u/s. 153A of the Income-tax Act, 1961 and not u/s. 143(3) of the Act and therefore, the assessment made by the Assessing Officer was bad in law and invalid.[S. 143(3), 153A, 254(1)]

DCIT v. Heaven Associates (2023 154 taxmann.com 595 /105 ITR 186 (Ahd) (Trib)

S. 153C : Assessment-Income of any other person-Search-In case of concluded assessment, addition can only be made on the basis of an incriminating material .[S. 132,143(3)]

Late Hiraben Kantial Shah v. DCIT (Mum) (Trib)

S. 153A : Assessment-Search-No addition can be made in case of completed or abated assessments in absence of incriminating material .[S. 68,132]

ACIT v. Paramount Probuild Pvt. Ltd. (2023)101 ITR 36 (SN) (Delhi) (Trib)

S. 153A : Assessment-Search-Cash Credits-No incriminating material found during search-Unabated assessment-Additions not sustainable. [S.68]

Pawan Green Channels Pvt. Ltd v. Dy. CIT (2023)101 ITR 19 (SN) (Chennai) (Trib)

S. 151 : Reassessment-Sanction for issue of notice-Sanction of CIT instead of A/JCIT-Notice is bad in law. [S.147 148, 151(2)]

R. K. Machine Tools Ltd. v. ITO (2023) 105 ITR 73 (Delhi)(Trib)

S. 148 : Reassessment-Notice —Information from other ITO-Income from undisclosed sources-Bogus purchases-Assessing Officer not pointing out any defect in maintenance of books of account-Reassessment notice is not valid .[S. 147]

Uttrakhand Poorv Sainik Kalyan Nigam Ltd. v. ITO (2023)105 ITR 435 (Dehradun) (Trib)

S. 148 : Reassessment-Notice-Reassessment proceedings taken prior to expiry of assessment year void ab initio.[S. 139(1), 139(4), 142(1)]

Pawan Green Channels Pvt. Ltd v. Dy. CIT (2023)101 ITR 19 (SN) (Chennai) (Trib)

S. 148 : Reassessment-Notice-Dissolution of Company-Name of the company had been struck off from Register of Companies-Not intimidated to Assessing Officer-Notice is valid-Sanction-Reassessment for the assessmentyear 2003-04 is quashed as the Commissioner had granted approval instead of the Additional Commissioner or Joint Commissioner as prescribed under the law-Quantum of addition-Matter remanded. [S. 69, 147,151]