Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Deere and Co. v. Dy. CIT(IT) (2021) 92 ITR 564 / 214 TTJ 1035 / (2022) 209 DTR 116 (Pune)(Trib.)

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Return held as defective-Appeal dismissed as not maintainable-Mismatch between income shown in return and 26AS-Order set aside to decide on merits. [S. 139(9), 142(1)(i), 143(1), 237]

ITO (TDS) v. Tata Teleservices Ltd. (2021) 92 ITR 87 / (2022) 209 DTR 57/ 193 ITD 238 (Delhi)(Trib.)

S. 194H : Deduction at source-Commission or brokerage-Telecommunications service provider-Sale of recharge voucher coupons and starter kits and discount to distributors-Principal too principal basis-Not liable to deduct tax at source-Precedent-Tribunal not bound by decisions of High Courts other than jurisdictional High Court. [S. 201(1), 201(IA)]

Dy. CIT v. Zen Technologies Ltd. (2021) 92 ITR 21 (SN) (Hyd.)(Trib.)

S. 154 : Rectification of mistake-Revised return declaring lower loss-Assessment based on original return-Rectification order passed by the Assessing Officer based on revised return-Held to be valid. [S. 35(2AB), 139(5), 143(3)]

Fragrance Construction Pvt. Ltd. v. ACIT (2021) 92 ITR 55 (Delhi) (Trib.)

S. 153C : Assessment-Income of any other person-Search-Based on documents seized in the course of search-Reassessment was quashed-Assessing Officer should have invoked provision of section 153C [S. 147, 148]

C. Vijayalakshmi (Mrs.) v. Dy.CIT (2021) 92 ITR 142 (Chennai) (Trib.)

S. 153A : Assessment-Search or requisition-Unabated on date of search-Addition cannot be made-Interest income having direct nexus with incriminating material found-Addition is held to be justified. [S. 132, 143(2), 153C]

ITO v. Gujarat Storages P. Ltd (2021) 92 ITR 30 (SN) (Ahd.)(Trib.)

S. 147 : Reassessment-Investigation wing-Accommodation entries-No live link between the escapement of income and information-Reassessment notice was quashed. [S. 148]

Sudhir Dalichand Jain v. ITO (2021)92 ITR 102 (Surat)(Trib.)

S. 147 : Reassessment-Investigation wing-Roving inquiry-Reassessment was held to be bad in law. [S. 143(3), 148]

Karan Khurana v. ITO (2021)92 ITR 114 (Delhi)(Trib.)

S. 147 : Reassessment-After the expiry of four years-Information from investigation wing-Alleged deposit of tax-Recording wrong and incorrect reasons-Reassessment is held to be bad in law. [S. 148, 151]

Ambalal Nanabhai Patel v ITO (2021)92 ITR 81 (Ahd.)(Trib.)

S. 147 : Reassessment-After the expiry of four years-Unexplained investment-Assessment cannot be reopened merely on the basis of Report of District valuation officer-Allegation of escapement of income more than Rs. 1 lakh-Reassessment proceedings valid. [S. 69, 148, 149(1)(b)]

Ashok Kumar Banthia v. Dy. CIT (2021) 92 ITR 505 (Jodhpur)(Trib.)

S. 143(3) : Assessment-Income from undisclosed sources-Commission agent-Director admitted that cash seized belong to the company-Sales tax authorities accepted that sales the sales shown by the company-Extracts of cash book certified by the Chartered Accountant was filed-Addition was deleted. [S. 132(4)]