Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Prestige Estates Projects Ltd. v. ACIT (2021) 86 ITR 629 (Bang.)(Trib.)

S. 194IA : Deduction at source-Immoveable property-Joint venture development-Refundable security deposit paid to land owners adjustable against sale consideration-Permission to construction-No transfer of immovable property-Not liable to deduct tax at source on refundable security deposit. [S. 2(47)(v), 2(47)(vi), 201(1), 201(IA), Transfer of Property Act, 1882 S. 53A,)

V. Ramprasad Raju v. CIT (2021) 86 ITR 33 (SN) (Bang.)(Trib.)

S. 158BC : Block assessment-Undisclosed Income-Share application money-No incriminating material found during search-Addition is held to be not justified-Interest-Delay in filing return-No provision to charge interest beyond date of original assessment. [S.158BFA(1)]

Uttarakhand Uthan Samiti v. ITO (2021) 86 ITR 695 (Delhi)(Trib.)

S. 153D : Assessment-Search-Approval-Search-Charitable Trust-Siphoning off of funds by founder-Approval given without application of mind-Assessment null and void. [S. 10(23C), 12AA]

Meja Filling Station v. Dy.CIT (2021) 86 ITR 40 (SN) (All.)(Trib.)

S. 153C : Assessment-Income of any other person-Search-Failure to file return-Assessment valid–Material found and seized during search pertaining to financial year 2007 having no bearing on determination of total income-Additions deleted. [S.132]

Navin Malde v. ACIT (2021) 86 ITR 17 (SN) (Indore)(Trib.)

S. 153A : Assessment-Search-Brokerage on land transaction-Cash system of accounting-Addition cannot be made when the brokerage was not received. [S. 132]

Mohd. Atique v. ACIT (2021) 86 ITR 4 (SN) (Indore)(Trib.)

S. 153A : Assessment-Agricultural land-No incriminating material was found in the course of search-Addition not sustainable.

Sensitive Vanijya P. Ltd. v. ACIT (2021) 86 ITR 99 (Kol.)(Trib.)

S. 153A : Assessment-Search-Share application money-No incriminating material was found-Assessment was not abated-addition is held to be bad in law. [S. 68, 132, 143(3)]

ACIT v. Narula Educational Trust (2021) 86 ITR 365 (Kol.)(Trib.)

S. 153A : Assessment-Search-Without incriminating material addition is held to be not justified-Addition based on valuation report which was not available on the date of search is held to be not valid. [S. 132, 132(9D)]

ACIT v. Arvind Srinivasan (2021) 86 ITR 84 (Chennai)(Trib.)

S. 153A : Assessment-Search-No incriminating material was found-Ad-hoc disallowance of 50 % of expenditure is unsustainable-Addition claim which was made before the CIT (A), order of CIT (A) directing the AO to consider the said claim is held to be valid. [S. 250]

Rajarathnam’s Jewels v. ACIT (2021) 86 ITR 20 (SN) (Bang.)(Trib.)

S. 147 : Reassessment-Change of opinion-Metal loan from members-Consistent method-Reassessment is bad in law. [S. 148]