Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


UOI v. A. Kowsalya Bai (Smt.) (2021) 280 Taxman 175 (Karn.)(HC)

S. 206AA : Requirement to furnish Permanent Account Number-Applicability of provision whose income is below taxable income-Hardship or equity is not relevant in interpreting provisions relating to taxation-Order of single judge was quashed-Appeal of revenue is allowed. [S. 139A(1)(i), 197A, Art. 226]

Jitendra Mansukhlal Adesara v. ACIT (2021) 280 Taxman 179 /207 DTR 96/ 323 CTR 284(Guj.)(HC)

S. 153C : Assessment-Income of any other person-Search and seizure-Search upon two persons at airport-Seizure of gold documents in the form of courier receipts-Inter-State transfer of goods for job work or sales-GST-Issue of notice was held to be justified. [S. 131(IA), 132(4), 153A, GST, Art. 226]

PCIT v. Jaypee Financial Services Ltd. (2021) 280 Taxman 147 (Delhi)(HC)

S. 153A : Assessment-Search or requisition-Client code, modification-No incriminating material was found in the course of search-Assessment was not pending on date of search-Deletion of addition was held to be justified. [S. 132]

Mapex Infrastructure (P.) Ltd. v. ACIT (2021) 280 Taxman 236 (Cal.)(HC)

S. 147 : Reassessment-With in four years-Infrastructure development-BOT(Build-Operate-Transfer)-Not claiming amortisation of expenses-Tax neutrality-Reassessment proceedings was quashed. [S. 80IA, 148, Art. 226]

Cemach Machineries Ltd. v. ITO (2021) 280 Taxman 98 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Bogus purchases-Unexplained expenditure-Accommodation entries-Reassessment proceedings is held to be valid. [S. 69C, 143(1), 148, Art. 226]

Mehrunnisa Mohamed Fazal Maniar v. ITO (2021) 280 Taxman 261 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Information from DDIT (Investigation)-Bogus transaction-Accommodation entries-Long term capital gain-Sale of shares-Mere disclosure of that transaction at time of original assessment proceedings could not be said to be disclosure of true and full facts-Reassessment is held to be valid. [S. 45, 68, Art. 226]

Silverdale Inn (P.) Ltd. v. ITO (2021) 280 Taxman 253 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Information from NMS (Non filler monitoring system)-Cash deposited in a bank account-Re assessment notice is held to be valid. [S. 68, 143(1), Art. 226]

Nisha Diamonds (P.) Ltd. v. ITO (2021) 280 Taxman 314 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Accommodation entries-Hawala dealer-Bogus purchases-Recorded reason-Reassessment is valid-Approval was granted on the date of issue of notice-Sanction is valid. [S. 68, 148, 151, Art. 226]

Raja Builders v. National Faceless Assessment Centre (2021) 280 Taxman 304 (Bom.)(HC)

S. 144B : Faceless Assessment-Natural justice. [S. 143(3), 270A, 271AAC, Art. 226]

BL Gupta Construction (P.) Ltd. v. National E-Assessment Centre (2021) 280Taxman 306 (Delhi)(HC)

S. 144B : Faceless Assessment-Natural justice-Stay of demand-Order was passed before expiry of date mentioned in the show cause notice. [S. 156, 271AAC(1), Art. 226]