S. 158BC : Block assessment-Agricultural income disclosed prior to search-Addition cannot be made. [S. 158BB]
Aerens Infrastructure & Technology (P.) Ltd. v. ACIT (2021) 187 ITD 699 (Delhi)(Trib.)S. 158BC : Block assessment-Agricultural income disclosed prior to search-Addition cannot be made. [S. 158BB]
Aerens Infrastructure & Technology (P.) Ltd. v. ACIT (2021) 187 ITD 699 (Delhi)(Trib.)S. 153C : Search and seizure-assessment of third person-setting aside assessment order on ground of lack of jurisdiction for failure by assessing officer of person in respect of who search conducted to record satisfaction note. Department challenged on merits of assessment without challenging jurisdiction. Appeal not maintainable. [S. 153A]
Dy. CIT v. Aadyant Education Pvt. Ltd. (2021) 87 ITR 18 (SN) (Delhi)(Trib.)S. 153C : Assessment-Income of any other person-Search-Addition in the hands of third person based on information obtained during search and seizure proceedings-Primary onus on revenue to prove falsehood of the assessees submissions-No addition can be made merely on basis of suspicion-cogent material required to make addition. [S. 132(4)]
Kantibhai P. Patel v. DCIT (2021) 211 TTJ 187 // 208 DTR 54 (Ahd.)(Trib.)/Chhotalal P.Patel v. Dy .CIT (2021) 211 TTJ 187/ 208 DTR 54 (Ahd) ( Trib)Chhotalal P.Patel v. Dy .CIT (2021) 211 TTJ 187/ 208 DTR 54 (Ahd) ( Trib)S. 147 : Reassessment-Specific Information-Reassessment was held to be valid-Addition of salary is held to be not justified. [S. 69A, 148]
Arpit Goel v. ITO (2021) 87 ITR 76 (SN) (Delhi)(Trib.)S. 147 : Reassessment-Deemed dividend-Without bringing any fresh material on record, on fresh application of mind-Reassessment is bad in law-On merit also addition as deemed dividend was deleted. [S. 2 (22)(e)]
DCIT v. Jateen Madanlal Gupta. (2021) 187 ITD 832 (Ahd.) (Trib.)S. 147 : Reassessment-Change of jurisdiction of Assessing Officer-Reassessment order passed by the ITO after the transfer under section 127 to Dy.CIT-Order quashed-Reassessment order originally framed by ITO was without jurisdiction. [S. 127, 129, 148, 153A, 263]
OSL Developers Pvt. Ltd. v. ITO (2021) 187 ITD 559 / 211 TTJ 621 / 202 DTR 21(Kol.)(Trib.)S. 147 : Reassessment-After the expiry of four years-no allegation about non-disclosure of full and true particulars in original assessment-Reopening is bad in law. [S. 148]
ITO(E) v. Apollo Animal Medical Group Trust (2021) 87 ITR 168 (Jaipur)(Trib.)S. 145 : Method of accounting-Ad hoc method of accounting-Followed by AO and assessee-Held unacceptable-Remand-Fresh consequential grounds-Permissible-Matter remanded to the Assessing Officer.
Monarch Plaza Comforts Pvt. Ltd. v. ACIT (2021) 87 ITR 24 (SN) (Bang.)(Trib.)S. 144C : Reference to dispute resolution panel-Transfer Pricing-Adjustment on account of Notional Income in respect of interest on delayed receivables was directed to be deleted on verifying the same with the credit period in master service agreement, and also verifying whether the same is subsumed in the working capital adjustments.
Zynga Game Network India Pvt. Ltd. v. CIT (2021) 87 ITR 352 (Bang.)(Trib.)S. 143(3) : Assessment-Jurisdiction of Assessing Officer-Order giving effect to the order of the Commissioner-After passing of reassessment proceedings case was transferred to another Assessing Officer-Order giving effect by the original Assessing Officer after transfer of jurisdiction is held to be bad in law. [S. 124, 127 143(3), 147, 148, 263]
OSL Developers (P.) Ltd. v. ITO (2021) 187 ITD 559 (Kol.) (Trib.)