Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kumudini v. Gavit (Smt.) v. ITO (2020) 80 ITR 30 (SN) (Pune)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Claim supported by various decisions and documentary evidence-Levy of penalty is held to be not valid.

Jayant B. Patel HUF v. Dy. CIT (2020) 80 ITR 44 (SN) (Mum.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Search cases-Income declared in return filed-Levy of penalty is held to be not valid-Not mentioning the specific offence committed-Levy of penalty is held to be not valid. [S. 132(4), 153A]

AP Garments P. Ltd. v. Dy. CIT (2020) 80 ITR 42 (SN) (Kol.)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Ex Parte-Should have called for assessment records and thereafter should have passed the order-Matter remanded for disposal afresh.

Fiserv India P. Ltd. v. ACIT (2020)80 ITR 3 (SN) (Delhi)(Trib.)

S. 154 : Rectification of mistake-Incorrect set of off Minimum alternate tax credit-Prima Facie Mistake Apparent From Record-Not A Debatable Issue-Levy of interest is held to be valid. [S. 115JB, 234B]

Gulshan Harbans Dhingra v. ITO (2020) 80 ITR 21 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Unexplained money-Cash deposits in bank account-Reasons for reopening of assessment recorded by concealing order-sheet entries-Reassessment not valid. [S. 69, 148]

Anil Jairam Goel v. ITO (2020) 80 ITR 47 (SN) (Pune)(Trib.)

S. 143(3) : Assessment-Bogus purchases-No ad hoc addition can be made-Only difference between gross profit rate on genuine purchases and hawala purchases can be made. [S. 37 (1)]

Laxmi Narayan Jewellery v. ITO (2020) 80 ITR 17(SN) (Cuttack) (Trib.)

S. 133A : Power of survey-Stock discrepancy and unexplained cash Offered for taxation in earlier year but Commitment retracted-Once statements accepted by survey team tax should be calculated for relevant year accepted by assessee-Addition made for the year under consideration was deleted.

Valuelabs LLP v. ACIT (2020) 80 ITR 19 (SN)(Hyd.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Outstanding receivables -Working capital adjustment allowed to assessee-No adjustment called for. [S. 92B]

JCIT v. General Mills India P. Ltd. (2020) 80 ITR 45 (SN) (Mum.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Advertising, marketing and promotion expenses-Not international transaction-No adjustment can be made. [S. 92CA]

Venkatesh K. I. v. ACIT (2020)80 ITR 40 (SN) (Bang.)(Trib.)

S. 68 : Cash credits-Excise contractor-Demand drafts taken from certain parties-Not furnishing Permanent Account Number not a reason for making addition. [S. 69A]