Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


APS Steel Pvt. Ltd v. ITO (2021) 91 ITR 25 (SN) (Bang.)(Trib.)

S. 147 : Reassessment-Statement recorded in course of search-Admission by person in control of Company-Suppression of sales-Statement not retracted-Reassessment notice is valid. [S. 132(4), 148]

Prithvi Raj Singh v. ITO (2021) 91 ITR 164 (Jaipur)(Trib.)

S. 147 : Reassessment-Capital gains-non-application of mind by Assessing Officer-No reason to believe income had escaped assessment-Reassessment not valid-Provisional assessment-No provision for making provisional assessment order-Addition based on solely on report of District Valuation Officer is not valid-Ad. [S. 50C, 148]

Interglobal Steels Pvt. Ltd. v. ITO (2021) 91 ITR (Trib)432 (Delhi)(Trib.)

S. 147 : Reassessment-When no reassessment was made in respect of issue of notice, reassessment cannot be made in respect of other income which has escaped the assessment. [S. 147, Explanation 3, 148(2)]

Interglobal Steels Pvt. Ltd. v. ITO (2021) 91 ITR (Trib) 432 (Delhi)(Trib.)

S. 147 : Reassessment-When no reassessment was made in respect of issue of notice, reassessment cannot be made in respect of other income which has escaped the assessment. [S. 147, Explanation 3, 148(2)]

ITO v. Dipakkumar S. Mehta (2021) 91 ITR 634 (Surat)(Trib.) Deepak S. Mehta v ITO (2021) 91 ITR 634 (Surat)(Trib.)

S. 147 : Reassessment-Notice-Assessment framed without issue of notice under section 143(2)-Assessment void ab initio. [S. 143(2), 148]

Bansiwala Iron and Steel Rolling Mills v. Dy.CIT (2021) 91 ITR 263 / 214 TTJ 93 (Jaipur)(Trib.)

S. 147 : Reassessment-Opportunity of hearing not granted-Principle of natural justice is violated-Order is not valid-Information from third party-Notice invalid-Notice based on Order of Commissioner of Customs and Excise-Order subsequently quashed-Very basis to support reasons to believe no longer in existence-Proceedings to be quashed. [S. 143(1), 148]

Bansiwala Iron and Steel Rolling Mills v. Dy. CIT (2021) 91 ITR 263 / 214 TTJ 93 (Jaipur) (Trib)

S. 147 : Reassessment-Opportunity of hearing not granted-Principle of natural justice is violated-Order is not valid-Information from third party-Notice invalid-Notice based on Order of Commissioner of Customs and Excise-Order subsequently quashed-Very basis to support reasons to believe no longer in existence-Proceedings to be quashed. [S. 143(1), 148]

Samrat Plywood Ltd. v. ACIT (2021) 210 TTJ 743 (Chd.)(Trib.)

S. 147 : Reassessment-No tangible material-Reassessment is bad in law. [S. 143(1)]

Dy. CIT v. Murarilal R. Mittal (2021) 214 TTJ 665 / 208 DTR 17 / 63 CCH 436 (TM) (Mum.)(Trib.)

S. 147 : Reassessment-With in four years-Absence of new or tangible material-Undisclosed money disclosed u/s.132 (4)-Cash deposited in the bank-Re assessment was held to be not valid. [S. 132(4), 148]

Bilcare Ltd. v. ACIT 214 TTJ 880 / (2022) 212 DTR 4 (Pune)(Trib.)

S. 145A : Method of accounting-Valuation of closing stock-Diminution in value of inventory due to obsolescence-Cost or net realisable value whichever is less-Certificate of Auditor-Addition cannot be made.