Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ashokkumar Govindbhai v. ITO (2021) 90 ITR 262 (Ahd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Interest on borrowed capital-Order was passed after due verification-Sale of land-Variation with in tolerance limit of 15 per Cent-Revision order was quashed. [S. 36(1(iii), 50(C), 143(3)]

Shiv Edibles Ltd. v. ACIT (2021) 90 ITR 669 (Jaipur)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Order of Supreme Court extending limitation for purposes of all laws-Miscellaneous application filed on 28-9-2020 was admitted as filed within extended due date-Glaring and patent mistakes-Tribunal order was recalled and matter was directed to be heard afresh.

Perfect Probuild P. Ltd. v. Dy.CIT (2021) 90 ITR 25 (SN) (Delhi) (Trib.)

S. 194C : Deduction at source-Contractors-Advertisement-Liable to deduction u/s. 194C and not u/s. 194J-Lease rent-Failure to deduct tax at source on rent-Matter remanded. [S. 194J, 201(1), 201(IA)]

Union Bank of India v. Dy.CIT (LTU) (2021) 90 ITR 55 (SN) (Mum.)(Trib.)

S. 154 : Rectification of mistake-Excess deduction-Merits of issue could not be adjudicated in rectification proceedings-Deduction allowed while giving effect to the order of Tribunal-Withdrawal of deduction granted earlier on the basis of judgement of Supreme Court decision-Debatable-Order of Rectification is held to be nor valid. [S. 14A, 36(1)(vii), 147]

Bellary Educational Services Trust v. Dy. CIT(E) (2021) 90 ITR 94 (SN) (Bang.)(Trib.)

S. 154 : Rectification of mistake-Accumulation of 15% of gross receipts-Assessing Officer issuing intimation considering net revenue-Mistake apparent on record-Ought to have rectified. [S. 11(1)(a), 143(1)]

B. R. Agrotech Ltd. v. ACIT (2021) 90 ITR 77 (SN) (Delhi)(Trib.)

S. 154 : Rectification of mistake-Excise duty refund Capital receipt-Capital subsidy liable to be excluded-Failure to consider subsequent judgement Supreme Court or Jurisdictional High Court-Mistake apparent from record. [S. 4, 115JB]

ACIT v. Parminder Singh Kalra (2021) 90 ITR 419 (Delhi)(Trib.)

S. 153B : Assessment-Search-Time limit-Assessment was initiated after amendment-Period of one year available-Assessment is not barred by limitation. [S. 132, 153B, Expln.(viii)]

JSW Steel Ltd. v. Dy.CIT (2021) 90 ITR 28 (SN) (Mum.)(Trib.)

S. 153A : Assessment-Search or requisition-No incriminating material was found-Assessment not sustainable-Sales tax subsidy-Capital receipts-Not to be reduced from Book profits. [S. 4, 115JB, 132]

ACIT v. Parminder Singh Kalra (2021) 90 ITR 419 (Delhi)(Trib.)

S. 153A : Assessment-Search or requisition-No notice u/s. 143(2) was issued after filing of return-Assessment was not invalid-Commissioner being supervisory authority, can issue administrative direction to Assessing Officer-Un explained investment-Addition can be made only in the year in which the investment was made-Assessing Officer cannot make the addition in the year of his choice-Swiss Bank-Base sheet-Authenticity of information not established-Addition as unexplained investment and addition on deposit is held to be not sustainable-Completed assessment-No addition can be made in the absence of incriminating material found in the course of search-Merely on the basis of statement u/s 132(4), addition cannot be made-Marriage expenses-Withdrawal from bank-Deletion of addition is held to be justified. [S. 69, 132, 143(2), 153D]

Jansampark Advertising and Marketing P. Ltd. v. ITO (2021) 90 ITR 32 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Accommodation entries-Reasons supplied was not the same reason recorded-Reopening of assessment was held to be not sustainable. [S. 148]