This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 254(1) : Appellate Tribunal- Powers-Even if no revised return filed, Assessee can claim exemption before appellate authorities — Claim under section 54F which was made first time before Appellate Authority ,admitted and directed the Assessing Officer to allow the claim in accordance with law [ S.54F ]
Thimmareddy Krishnareddy v. ITO (2021) 85 ITR 22 (SN)(Bang) (Trib)
S. 194C : Deduction at source – Contractors – Payment of common area maintenance charges for operation and maintenance of Mall — Payment made directly to service providers — Not part of rent paid to owner —Provision of section 194I is not applicable [ S.194I , 201(1)]
Kapoor Watch Co. Pvt. Ltd. v. ACIT (2021) 85 ITR 32 (SN)(Delhi) (Trib)
S. 153A : Assessment – Search-Unabated assessment- No incriminating material – Includes assessments for years for which time for issue of notice under section 143(2) has lapsed [ S.132, 143 (2)]
Dinesh Salecha v. Dy. CIT (2021) 85 ITR 41 (SN)(Mum) (Trib)
S. 151 : Reassessment – Sanction for issue of notice – Mechanical grant of approval – Failure to issue notice under section 143(2) — Reassessment Not Valid [ S. 68, 143(2), 147 , 148 ]
Ram Niwas Jain v. ITO (2021)85 ITR 59 (SMC ) (SN)(Delhi) (Trib)
S. 147 : Reassessment – Passing of reassessment order within four weeks of disposing of objections of assessee to reopening — Not sustainable — Order quashed – Two views possible, then the view in favour of the assessee shall have to be followed for deciding the matter in dispute [ S.148 ]
FGR Logistics Pvt. Ltd. v. ACIT (2021)85 ITR 35 (SN)(Delhi) (Trib) FGR Logistics Pvt. Ltd. v. ACIT (2021)85 ITR 35 (SN)(Delhi) (Trib)
S. 147 : Reassessment – Basis of information that assessee deposited cash in bank and earned commission — Recording wrong and incorrect facts – Reassessment is bad in law [ S.148 ]
Dheeraj Yadav v. ITO (2021) 85 ITR 43 (SMC) (SN)(Delhi) (Trib)
S. 147 : Reassessment – Accommodation entries – Information from Investigation Wing- Reassessment is bad in law [ S.68 ,69, 148 ]
ASN Polymers Pvt. Ltd. v. ITO (2021) 85 ITR 56 (SN)(Delhi) (Trib)
S.147: Reassessment — Accommodation entries- Failure to dispose objection – Failure to apply mind – Reassessment is bad in law [ S.68 , 148 ]
Admach Auto Ltd. v. Dy. CIT (2021) 85 ITR 4 (SN)(Delhi) (Trib)
S.147: Reassessment- After the expiry of four years- Assessment cannot be reopened on basis of statement of unrelated party — No opportunity of cross-examination given- Reassessment is bad in law – Loan received by cheque and repaid by cheque- Addition can not be made on the basis of seized document [ S.68, 132(4A), 148, 292C ]
Picheswar Gadde v. ITO (2021)85 ITR 68 (SN)/ 211 TTJ 887 / 202 DTR 41 (Delhi) (Trib)
S.147: Reassessment- After the expiry of four years- No failure to disclose material facts – Change of opinion – Reassessment quashed [ S. 143 (3), 148 ]
Baldevbhai Mangaldas Patel v. Dy. CIT (2021) 85 ITR 79 (Trib) (SN)(Ahd) (Trib)