Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Elite India Constructions P. Ltd. v. CIT (Appeals) (2022) 93 ITR 20 (SN) (Bang.)(Trib.) Sameer Granites Pvt. Ltd. v. ACIT (CPC) (TDS) (2022) 93 ITR 33 (SN) (Bang.)(Trib.)

S. 234E : Fee-Default in furnishing the statements-Statements of tax deducted at source-Levy of fees for Assessment Years 2013-14, 2014-15 and 2015-16 not justified-CIT (A) erred in not condoning the delay. [S. 200A, 250]

Amit Mantri v. Dy. CIT (2022) 93 ITR 62 (SN) / 215 TTJ 533 / 209 DTR 182 (SMC) (Jaipur)(Trib.)

S. 198 : Deduction at source-Tax deducted is income received-Credit for tax deducted-Refund-Duty of Assessing Officer to allow credit-Rejection of claim to refund treating letters as barred by limitation-Held to be not proper-Directed the Assessing Officer to allow credit and grant consequential refund. [S. 154(7), 199, 26AS]

Brij Kishore Kochar v. ACIT (2022)93 ITR 64 (SN) (Delhi)(Trib.)

S. 153A : Assessment-Search or requisition-No incriminating documents found-No assessment was pending-long term capital gains-Addition is not justified. [S. 45, 143(3)]

Dy. CIT v. Coal Sale Co. Ltd. (2022) 93 ITR 1 (SN) (Kol.)(Trib.)

S. 147 : Reassessment-Accommodation entries-Information from Investigation wing-Name of assessee was not appearing in statement-Reopening is bad in law. [S. 148]

East Coast Consultants and Infrastructure Ltd. v. ACIT (2022) 93 ITR 72 (SN) / 213 DTR 16 / 216 TTJ 623 (Chennai)(Trib.)

S. 147 : Reassessment-After the expiry of four years–Depreciation-Granted on Bridge at rate applicable to building instead of rate applicable to plant and machinery-Reassessment valid-Direction of CIT(A) to allow amortization of expenditure incurred during tenure of agreement is justified. [S. 32(1)(ii), 37(1), 143(3), 148]

Dy. CIT v. Navratna Organizers and Developers P. Ltd. (2022) 93 ITR 14 (SN) (Ahd.)(Trib.)

S. 145 : Method of accounting-Developer-Mercantile system of accounting-Completion project-Deletion of additions on account of estimation of work-in-progress is justified.

Thai Glico Co. Ltd. v Dy. CIT (2022) 93 ITR 38 (SN) (Delhi)(Trib.)

S. 139 : Return of income-Return of loss-Non-Resident company-Return of loss filed beyond due date-Not eligible to carry forward losses. [S. 139(1)]

Bhagwan Madhukar Kale v. ACIT (2022) 93 ITR 77 (SN) (Pune) (Trib.)

S. 133A : Power of survey-Statement during survey-Addition cannot be made merely on the basis of statement in the course of survey without bringing any corroborative evidence on record-CBDT Instructions F. No. 286/2/2003-It (Inv), Dated 10-3-2003 and F. No. 286/98/2013-It (Inv. Ii), Dated 18-12-2014. [S. 119]

PPG Coatings India Pvt. Ltd. v. Dy. CIT (2022) 93 ITR 52 (SN) (Mum.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Purchase of sap licence-Details submitted but authorities failing to consider-Application of benefit test instead of methodology set out in Act and rules not sustainable. [R. 10B]

JCIT v. American Express (India) Pvt. Ltd. (2022) 93 ITR 45 (SN) (Delhi)(Trib.)

S. 92C : Transfer pricing-Arm’s length price–Transactional Net Margin Method-Selection of comparables-Tribunal for the earlier year directing exclusion of all companies having annual turnover less than Rs. 5 crores in Information Technology enabled services segment-Order of Transfer Pricing Officer including company having turnover below Rs. 5 Crores from Segment-Not justified. [S. 92CA]