S. 153D : Assessment – Search – Approval -Information through RTI – Approval not obtained – Order is bad in law [ S.143(3), 153A ]
Ajay Sharma v. Dy. CIT (2020) 187 DTR 132 / 204 TTJ 281 (Delhi)(Trib.)S. 153D : Assessment – Search – Approval -Information through RTI – Approval not obtained – Order is bad in law [ S.143(3), 153A ]
Ajay Sharma v. Dy. CIT (2020) 187 DTR 132 / 204 TTJ 281 (Delhi)(Trib.)S. 148 : Reassessment – Notice – Valid service of notice is not mere procedural requirement , it is a condition precedent to validity of any assessment or reassessment – If notice issued is shown as invalid , subsequent proceedings shall be illegal – Service by affixture – Reassessment was quashed as the service of notice was not proper as per the law as per Order V, Rule 12, Rule 17, rule 19, Rule 20(1) and Order III, Rule 2 of the Code of Civil Procedure 1908 . [ S. 147, 149, 282 ]
K.P. Cold Storage v .ITO ( 2019 ) 201 TTJ 649/ ( 2020) 189 DTR 385 (Agra)(Trib)S. 147 : Reassessment – Cash credits – Information from investigation wing – Merely on the basis of information from investigation wing without any further verification reassessment is bad in law [ S.68, 148 ]
Arora / Sapra S.N. v. ITO (2020) 187 DTR 121 / 204 TTJ 137 (Delhi)(Trib.)S. 144C : Reference to dispute resolution panel – Draft order was not signed and stamped by the Assessing Officer- Order is not invalid [ S. 143 ( 3) , 292B]
Reuters Transaction Services Ltd v. Dy . CIT ( 2020) 187 DTR 268/ 204 TTJ 624 ( Mum) ( Trib)S. 144C : Reference to dispute resolution panel – Time barred objections –DRP rejected the application as time barred – Assessing Officer is required to complete the assessment with one month from end of month in which period of filing of objections under sub-section (2) expires— Assessment order is barred by limitation [ S.92CA, 144C (2) , 144C(3) 144C (13) ]
TDK Electronics ag (Formerly known as EPCOS AG) v. ACIT (2020) 188 DTR 328 / 204 TTJ 273 (Pune) (Trib)S. 133A :Power of survey –Excess stock – Surrender in the course of survey – Merely on the basis surrender made in the course of survey addition is held to be not justified- Estimated addition on net profit was also deleted . [ S.143 (3)]
Sayyed Hamid Ali v ACIT ( 2020 189 DTR 369/ 205 TTJ 453 ( Indore )( Trib)S. 92C : Transfer pricing – Arm’s length price – CUP method – Matter remanded for fresh adjudication .
Mytex Polymers India (P) Ltd v. Dy. CIT (2020) 187 DTR 137 / 204 TJ 371 (Jaipur) (Trib)S. 92C : Transfer pricing – Arm’s length price – TNMM – Adjustment in the Manufacturing segment of the assessee- Matter remanded to the Assessing Officer -Claim under section 10A/10B is directed to be allowed on stand alone basis . [ S.10A, 10B ] S. 92C : Transfer pricing – Arm’s length price – TNMM – Adjustment in the Manufacturing segment of the assessee- Matter remanded to the Assessing Officer -Claim under section 10A/10B is directed to be allowed on stand alone basis . [ S.10A, 10B ]
Vishay Components India ( P) Ltd v ACIT ( 2020) 188 DTR 337 / 204 TTJ 649 ( Pune ) ( Trib)S. 92C : Transfer pricing – Arm’s length price – Service was rendered – Addition was deleted .
Dy.CIT v. Arkadin Confer India (P) Ltd (2020) 188 DTR 238 / 204 TTJ 912 (Delhi)( Trib)S. 80P : Co- operative societies – The activities of the assessee are interlinked with the activities of the primary co-operative societies – Entitle to deduction [ S.80P(2)]
Surrendranagar District Co-Operative Milk Producers Union Ltd v .Dy .CIT ( 2020) 187 DTR 5/ 204 TTJ 72 ( Rajkot ) (Trib)