Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kachhi Heritage v. ACIT (2021) 187 ITD 335 (Pune)(Trib.)

S. 184 : Firm-Registration-Partnership deed on lesser value stamp paper-Remuneration paid to partners cannot be disallowed and firm cannot be assessed as an AOP.

Aerens Infrastructure & Technology (P.) Ltd. v. ACIT (2021) 187 ITD 699 (Delhi)(Trib.)

S. 158BC : Block assessment-Agricultural income disclosed prior to search-Addition cannot be made. [S. 158BB]

Dy. CIT v. Aadyant Education Pvt. Ltd. (2021) 87 ITR 18 (SN) (Delhi)(Trib.)

S. 153C : Search and seizure-assessment of third person-setting aside assessment order on ground of lack of jurisdiction for failure by assessing officer of person in respect of who search conducted to record satisfaction note. Department challenged on merits of assessment without challenging jurisdiction. Appeal not maintainable. [S. 153A]

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

S. 153C : Assessment-Income of any other person-Search-Addition in the hands of third person based on information obtained during search and seizure proceedings-Primary onus on revenue to prove falsehood of the assessees submissions-No addition can be made merely on basis of suspicion-cogent material required to make addition. [S. 132(4)]

Arpit Goel v. ITO (2021) 87 ITR 76 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Specific Information-Reassessment was held to be valid-Addition of salary is held to be not justified. [S. 69A, 148]

DCIT v. Jateen Madanlal Gupta. (2021) 187 ITD 832 (Ahd.) (Trib.)

S. 147 : Reassessment-Deemed dividend-Without bringing any fresh material on record, on fresh application of mind-Reassessment is bad in law-On merit also addition as deemed dividend was deleted. [S. 2 (22)(e)]

OSL Developers Pvt. Ltd. v. ITO (2021) 187 ITD 559 / 211 TTJ 621 / 202 DTR 21(Kol.)(Trib.)

S. 147 : Reassessment-Change of jurisdiction of Assessing Officer-Reassessment order passed by the ITO after the transfer under section 127 to Dy.CIT-Order quashed-Reassessment order originally framed by ITO was without jurisdiction. [S. 127, 129, 148, 153A, 263]

ITO(E) v. Apollo Animal Medical Group Trust (2021) 87 ITR 168 (Jaipur)(Trib.)

S. 147 : Reassessment-After the expiry of four years-no allegation about non-disclosure of full and true particulars in original assessment-Reopening is bad in law. [S. 148]

Monarch Plaza Comforts Pvt. Ltd. v. ACIT (2021) 87 ITR 24 (SN) (Bang.)(Trib.)

S. 145 : Method of accounting-Ad hoc method of accounting-Followed by AO and assessee-Held unacceptable-Remand-Fresh consequential grounds-Permissible-Matter remanded to the Assessing Officer.

Zynga Game Network India Pvt. Ltd. v. CIT (2021) 87 ITR 352 (Bang.)(Trib.)

S. 144C : Reference to dispute resolution panel-Transfer Pricing-Adjustment on account of Notional Income in respect of interest on delayed receivables was directed to be deleted on verifying the same with the credit period in master service agreement, and also verifying whether the same is subsumed in the working capital adjustments.