Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Tamilnad Mercantile Bank Ltd. v Dy. CIT (TDS) (2020) 78 ITR 61 ( SN) ( Vishhaka ) (Trib)

S. 201 : Deduction at source – Failure to deduct or pay – Interest-Joint deposit holders —Not furnishing actual tax liability or details — Calculation of tax deduction at source liability in respect of 162 Cases justified [ S.194A, 201(1), 201(IA) Form No .15G 15H ]

ITO v. Orient Craft Fashion Institute Of Technology (P.) Ltd. (2020) 78 ITR 10 (SN) (Delhi) (Trib)

S. 199 : Deduction at source – Credit for tax deducted – Percentage completion method- Offering income as and when accrued – Principle of consistency — Deferred income not liable to tax- Assessing Officer directed to restrict credit of tax deduction at source corresponding to income offered by assessee. [ S.145 ,R. 37BBA(3) ]

Suresh H. Thakkar v. CIT(Appeals) (2020) 78 ITR 73 (SN)(Mum) (Trib)

S.147: Reassessment -Unexplained investment -Date wise statement of withdrawal of cash from bank account and deposit in bank account neither faulted nor doubted — Addition is held to be not justified [ S. 69, 148 ]

Sarwar Mohd. Khan v. ACIT (2020) 78 ITR 39 (SN) (Indore ) (Trib)

S. 147 : Reassessment – No addition was made as regards reasons recorded – Reassessment is held to be not valid [ S.54F,148 ]

K. Gurumurthy v. ITO (2020) 78 ITR 50( SN) ( Chennai) (Trib)

S.147:Reassessment – Appeal To Appellate Tribunal —No specific deficiencies in cash and bank books- Generalised adverse comments- Assessing Officer to go through records and to point out specific defects and escapement of income- Matter remanded for limited verification [ S.148, 254(1) ]

Durga Ferrous P. Ltd. v. ITO (2020) 78 ITR 24 (SN) ( Delhi ) (Trib

S.147:Reassessment —Notice under section 143(2) issued on same date as return filed in response to notice — Non-application of mind- Reassessment is held to be not valid [ S.143(2) , 148 ]

Dy. CIT v. Palm Tech India Ltd. (2020) 78 ITR 4 (SN)(Mum) (Trib)

S.147: Reassessment —Amalgamation- Information of amalgamation was brought to notice of Assessing Officer —Reassessment proceedings against amalgamating company is held to be void ab initio . [ S.148 ]

W. B. Engineers International P. Ltd. v. Dy. CIT (2020) 78 ITR 21 (SN)(Pune) (Trib)

S.147:Reassessment — After the expiry of four years- Depreciation- Reassessment is held to be not valid .[ 148 ]

W. B. Engineers International P. Ltd. v. Dy. CIT (2020) 78 ITR 21 (SN)(Pune) (Trib)

S.147:Reassessment — After the expiry of four years- Depreciation- Reassessment is held to be not valid .[ 148 ]

Sumer S. Sanghvi v. ACIT (2020) 78 ITR 20 (SMC) (Ahd) (Trib)

S.147: Reassessment — Reassessment-After the expiry of four years- Before six years —Reasons vague and inconclusive — Reassessment not valid [ S.148 ]