Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Jatinder Mehra (2021) 190 ITD 611 / 212 TTJ 681/ 204 DTR 161 (Delhi) (Trib.)

S. 2(11) : Undisclosed foreign assets-Offences and prosecution-Failure to file return-Beneficial owner-Information under provisions of Exchange of Information article of India-Singapore Double Taxation Avoidance Agreement-Mentioning details of his passport as an identification document, did not necessarily, in absence of any other corroborative evidence of beneficial ownership of assessee over asset, lead to taxability in hands of assessee under Black Money Act-Deletion of addition was affirmed. [S. 2(12), 3, / 4, 5, 10(1), 50, Benami Property (Prohibition) Act 1988, S. 2(12), Prevention of Money Laundering Act]

Maharashtra Jeevan Pradhikaran v. JCIT (TDS) (2021) 190 ITD 147 / 88 ITR 30 (SN) (Pune)(Trib.) Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Delay in filing TDS return-Tax deducted at source was deposited on time-No loss to revenue-Levy of penalty was held to be not justified. [S. 272(2)(k)]

Bhushan Lal Sawhney v. DCIT (2021) 190 ITD 225 / 91 ITR 565/ 212 TTJ 357/ 203 DTR 249 (Delhi) (Trib.)

S. 271(1)(c) : Penalty-Concealment-Not specifying the specific charge in the notice-Penalty levied was deleted. [S. 274]

Shringar Marketing (P.) Ltd. v. PCIT (2021) 190 ITD 16 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Exempt income-Expenses was verified in the original assessment proceedings-Revision was held to be not valid. [S. 14A, R. 8D]

Satish Kumar Lakhmani v. PCIT (2021) 190 ITD 73 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Genuineness of transaction was verified by the Assessing Officer-Revision was held to be not valid. [S. 10(38), 45]

Jenirich Agro Products (P.) Ltd. v. DCIT (2021) 190 ITD 308 (Chenni) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Transporter-Failure to deduct tax at source-Objection not considered-Revision was held to be bad in law. [S. 40(a)(ia), 194C (6), 194C(7)]

JMS Mining (P.) Ltd. v. PCIT (2021) 190 ITR 702 / 91 ITR 80 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-GSR expenses-Donation made to two trusts registered u/s 80G(5)(vi) of the Act-Revision was held to be not valid. [S. 37(1), 80G(5)(vi)]

Nextgen Vyapaar (P.) Ltd. v. PCIT (2021) 190 ITD 795 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share capital and share premium-Amount assessed after revision was less than the amount assessed earlier assessment order-Second revision on the ground that amount assessed was less than original assessment was held to be not justified. [S. 68, 133(6), 143(3)]

Gateway Terminals India Pvt. Ltd. v. DCIT 190 ITD 220 (Mum.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Industrial undertaking-Infrastructure development-Interest on income tax refund and interest on fixed deposits-No power of review-Rectification application was rejected. [S. 80IA]

ITO v. Mohd. Akram (2021) 190 ITD 575 (SMC) (Lucknow)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Unexplained investment-Service of notice u/s. 143(2)-Miscellaneous application of revenue to rectify the mistake was dismissed. [S. 143(2)]