Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Concrete Technologies Pvt. Ltd. v. ITO (2021)89 ITR 14 (SN) (Delhi)(Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Buyer deducting tax on entire sum paid-Claimed credit for entire credit for tax deducted-Only part of income was shown as receipt for the year-Matter remanded.

DCIT v. WNS Capital Investment Ltd. (2021) 211 TTJ 641 / 202 DTR 97 (Mum.)(Trib.)

S. 195 : Deduction of tax at source-Other sums-Tax at source(TAS) not liable to be deducted and no interest payable for failure to deduct TAS. [S. 201(IA)]

Intelenet Global Services (P) Ltd. v. ACIT (2021) 212 TTJ 182 / 202 DTR 169 (Mum.)(Trib.)

S. 154 : Rectification of mistake apparent from record-No merger of order passed under Section 143(3) r.w.s 144C(1) with the reassessment order passed under section 147 if issues forming subject matter of assessment order not part of reassessment order which is quashed and assessment order can be rectified by AO with respect to those issues-Rectification cannot be made after CIT(A) has quashed assessment order. [S. 115JB, 143(3)]

Kantibhai P. Patel v. DCIT (2021) 211 TTJ 187/ 208 DTR 54 / Chhotalal P.Patel v. Dy .CIT (2021) 211 TTJ 187/ 208 DTR 54 (Ahd) ( Trib)(Ahd.) (Trib.)

S. 153C : Assessment-Income of any other person-Search and seizure-loose paper in question was found from the possession of searched party-affidavit of searched person filed by the assessee to show that cash payment were made to landowners-deponent was not examined by the AO-No adverse inference can be drawn against the assessee. [S. 132]

Sir Pratap Heritage Hotels (P) Ltd. v. ACIT (2021) 209 TTJ 1 (UO) (Jodhpur)(Trib.)

S. 153A : Assessment-Search or requisition-No additions can be made in case of completed Assessments under search, without any incriminating evidence. [S. 132, 143(1), 143(3)]

Sinnar Thermal Power Ltd. v. Dy.CIT (2021) 89 ITR 263 (Mum.)(Trib.)

S. 153A : Assessment-Search or requisition-No incriminating materials-Addition cannot be made. [S. 143(1), 143(3)]

Ekta Housing Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 56 (Mum.)(Trib.)

S. 153A : Assessment-Search or requisition-Income from undisclosed sources-On money-Only estimated income element embedded in such receipt can be taxed-15 % of receipts was accepted by group concerns by Settlement Commission-15% was accepted as reasonable-Merely on the basis of statement of employee u/s. 131 without any incriminating material-Addition cannot be made. [S. 131]

Digvijay Advisor Pvt. Ltd. v. ITO (2021) 89 ITR 17 (SMC) (SN) (Delhi)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Sanction of Commissioner-Additional Commissioner granting approval-Reassessment proceedings quashed-Notice served through affixture not valid-No attempt to serve in person or through post-Notice was quashed. [S. 147, 148, 151(1), 282]

DCIT v. Board of Cricket Control in India (2021) 212 TTJ 937/ 205 DTR 257 (Mum.)(Trib.)

S. 147 : Reassessment-Reopening by issuing notice under Section 148 but no notice under Section 143(2)-Reassessment is bad in law. [S. 143(2), 292BB]

Dhoot Stono Crafts Private Ltd. v. ACIT (2021) 212 TTJ 409 (Jaipur) (Trib.)

S. 147 : Reassessment-Absence of information or material prior to recording of reasons-Reassessment proceedings are quashed and set aside. [S. 45, 50C, 148]