S. 153A : Assessment – Search- No incriminating material was found in the course of search – Addition is held to be not valid [ S.37(1) 132, 143(3) ]
Frontier Commercial Co. Ltd. v. Dy. CIT (2020)82 ITR 25 (SN)(Delhi) (Trib)S. 153A : Assessment – Search- No incriminating material was found in the course of search – Addition is held to be not valid [ S.37(1) 132, 143(3) ]
Frontier Commercial Co. Ltd. v. Dy. CIT (2020)82 ITR 25 (SN)(Delhi) (Trib)S. 147 : Reassessment – Cash deposit in bank in excess of Rs. 10 lakhs – Salary income lower than the threshold limit – Information available with Assessing Officer vague and without any proper identification and quantification of escaped income — Reassessment is held to be not valid [ S.148 ]
Vipul Virendrakumar Patel v. ITO (2020)82 ITR 32 (SN)(Ahd ) (Trib)S. 147 : Reassessment – Capital gains- HUF – Individual – No direction was given buy the Appellate Tribunal – Reassessment is held to be not valid .[ S.148 ]
Narayan Singh, HUF v. ITO (2020)82 ITR 18 (SN)(Delhi) (Trib)S.147: Reassessment- After the expiry of four years- Capital gains- No failure to disclose any material facts – The reason must specify the nature of default or failure on the part of the assessee- Reassessment is not valid [ S.45 , 148 ]
Ramotar Singh, HUF v. ITO (2020)82 ITR 20 (SN) (Delhi) (Trib)S. 144 : Best judgment assessment – Books of account audited – Income estimated on the basis of estimate basis is held to be not justified – Income has to be determined as per the audited books of account in accordance with law [ S.271B ]
Andhra Pradesh Tourism Development Corporation Ltd. v. Dy. CIT (2020)82 ITR 31 (SN) (Hyd) (Trib)S.92C: Transfer pricing — Arm’s length price — Reimbursement of expenses- Addition is held to be not valid .
WM India Technical and Consulting Services Pvt. Ltd. v. Dy. CIT (2020)82 ITR 37 (SN)(Delhi) (Trib)S. 80P : Co-operative societies – Member of Federation- Bonus- Dividend —Bonus to be considered as dividend- Assessing Officer is directed to verify the nature of the bonus received .[ S.80P(2) (d)
Mysore District Co-Operative Milk Producers Society Union Ltd. v. A CIT (2020)82 ITR 11 (SN)(Bang) (Trib)S. 68 : Cash credits – Share application money — Share premium – Not establishing the creditworthiness – Investment through conduit of investor companies-Addition is held to be justified .
ITO v . KNS Realtors Pvt. Ltd. (2020) 82 ITR 9 (SN)(Delhi) (Trib)S.54F : Capital gains- Investment in a residential house -Vacant land – Not residential property – Entitle to exemption- Cost of acquisition — Fair market value ass on 1-4-1981 —Higher than guidelines value – Estimate is held to be reasonable . [S.45, 55(2)(b) (1) ]
Devika Gunasheela (Dr.) v. JCIT (2020)82 ITR 23 (SN) 185 ITD 408 / (2021 )) 209 TTJ 931/ 199 DTR 157 (Bang) (Trib)S.54F : Capital gains- Investment in a residential house – Joint account – Denial of exemption is held to be not justified [ S.45 ]
Anil Dev v. Dy. CIT (2020) 82 ITR 1 (SN/ 185 ITD 418 / 119 taxmann.com 328 / (2021) 198 DTR 150/ 209 TTJ 920 (Bang) (Trib)