Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kantibhai P. Patel v. DCIT (2021) 211 TTJ 187/ 208 DTR 54 / Chhotalal P.Patel v. Dy .CIT (2021) 211 TTJ 187/ 208 DTR 54 (Ahd) ( Trib)(Ahd.) (Trib.)

S. 153C : Assessment-Income of any other person-Search and seizure-loose paper in question was found from the possession of searched party-affidavit of searched person filed by the assessee to show that cash payment were made to landowners-deponent was not examined by the AO-No adverse inference can be drawn against the assessee. [S. 132]

Sir Pratap Heritage Hotels (P) Ltd. v. ACIT (2021) 209 TTJ 1 (UO) (Jodhpur)(Trib.)

S. 153A : Assessment-Search or requisition-No additions can be made in case of completed Assessments under search, without any incriminating evidence. [S. 132, 143(1), 143(3)]

Sinnar Thermal Power Ltd. v. Dy.CIT (2021) 89 ITR 263 (Mum.)(Trib.)

S. 153A : Assessment-Search or requisition-No incriminating materials-Addition cannot be made. [S. 143(1), 143(3)]

Ekta Housing Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 56 (Mum.)(Trib.)

S. 153A : Assessment-Search or requisition-Income from undisclosed sources-On money-Only estimated income element embedded in such receipt can be taxed-15 % of receipts was accepted by group concerns by Settlement Commission-15% was accepted as reasonable-Merely on the basis of statement of employee u/s. 131 without any incriminating material-Addition cannot be made. [S. 131]

Digvijay Advisor Pvt. Ltd. v. ITO (2021) 89 ITR 17 (SMC) (SN) (Delhi)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Sanction of Commissioner-Additional Commissioner granting approval-Reassessment proceedings quashed-Notice served through affixture not valid-No attempt to serve in person or through post-Notice was quashed. [S. 147, 148, 151(1), 282]

DCIT v. Board of Cricket Control in India (2021) 212 TTJ 937/ 205 DTR 257 (Mum.)(Trib.)

S. 147 : Reassessment-Reopening by issuing notice under Section 148 but no notice under Section 143(2)-Reassessment is bad in law. [S. 143(2), 292BB]

Dhoot Stono Crafts Private Ltd. v. ACIT (2021) 212 TTJ 409 (Jaipur) (Trib.)

S. 147 : Reassessment-Absence of information or material prior to recording of reasons-Reassessment proceedings are quashed and set aside. [S. 45, 50C, 148]

Ramya Hospitals v. ITO (2021) 62 CCH 29 / 211 TTJ 36 (UO) (Vishakha)(Trib.)

S. 147 : Reassessment-Initial year was AY 2010-11 wherein AO after detailed verification allowed the deduction-Subsequent year i.e. AY 2013-14 also deduction was allowed-Reopening is nothing but change of opinion and hence quashed. [S. 80IB(11C), 148]

Gel Infrastructure Pvt. Ltd. v. ITO (2021) 89 ITR 44 (SN) (Hyd.) (Trib.)

S. 147 : Reassessment-Reason for reopening assessment did not survive-No addition can be made on other issues. [S. 45, 148]

Chand Singh v. Dy. CIT (2021) 89 ITR 57 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Order passed without disposing objections-Entire assessment proceedings vitiated. [S. 143(3), 148]