Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Madhu Apartment Private Limited v. ITO (2021)86 ITR 317 (Delhi) (Trib.)

S. 147 : Reassessment-Mentioning of wrong section 147(b)-Not curable defects-Reassessment was quashed as bad in law [S. 148, 292B]

Green Valley Tower Pvt. Ltd. v. ACIT (2021) 86 ITR 1 (Delhi)(Trib.)

S. 147 : Reassessment-Search and seizure-Failure by revenue to establish that the seized documents belong to assessee-Opportunity cross examination not provided-Reassessment was held to be not valid. [S. 132]

A.O. Smith India Water Products Pvt. Ltd. v. Dy.CIT (2021) 86 ITR 38 (SN.) (Bang.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Net Margin Method or Cost-Plus Method-Directed to adopt cost plus method. [S.92CA]

Thota Uthpannagala Marata Sahakara Sangha Niyamitha v. Dy. CIT (2021) 86 ITR 134 (Bang.)(Trib.)

S. 80P : Co-operative societies-Providing banking facilities to members-Interest earned from short-term deposit-Deduction allowable. [S. 80P(2)(a)]

ACIT v. Vikas J.Solanki (2021) 86 ITR 517 (Mum.)(Trib.)

S. 69C : Unexplained expenditure-Accommodation entries-Report from investigation wing-Purchase and sales details were furnished-Addition was held to be not justified.

Green Valley Tower Pvt. Ltd. v. ACIT (2021) 86 ITR 1 (Delhi)(Trib.)

S. 69C : Unexplained expenditure-Interest paid on post dated cheques-No evidence that there was transfer of money-Addition cannot be made.

ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)

S. 69A : Unexplained money-Cash found during search-Sale of scrap-Cash was reflected in the balance sheet-Addition cannot be made. [S. 153A]

Jawaad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.) Fawad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.)

S. 69A : Unexplained money-Capital gains-Penny stock-Accommodation entry-Purchase and sale of sales through SEBI Registered Broker-Merely on basis of Investigation report that shares were penny stock-Addition not sustainable. [S. 10(38), 45]

ACIT v. Dilip Kumar Mahendra Kumar Jain (2021) 86 ITR 390 (Indore) (Trib.)

S. 69 : Unexplained investments-Search and seizure-Finance broker-Interest income-No cash loan-Deletion of addition is justified. [S. 132]

ACIT v. Sreeleathers (2021) 86 ITR 7 (SN) (Kol.)(Trib.)

S. 68 : Cash credits-Loans-Lender companies replied to the Assessing Officer in response to notice received by them and also filed the documents called including balance sheet-Inspectors report stating that lender companies are not traceable-Statement of parties taken in the course of survey was neither given nor given an opportunity of cross examination-No adverse inference can be drawn against the asseesee-Deletion of addition was held to be justified. [S.133(6), 133A]