S. 251 : Appeal-Commissioner (Appeals)-Powers-Enhancement-Non application of mind-The AO to examine the documents and decide accordance with law.
United Teleservices Ltd. v. ACIT (2021)86 ITR 36 (SN) (Kol.)(Trib.)S. 251 : Appeal-Commissioner (Appeals)-Powers-Enhancement-Non application of mind-The AO to examine the documents and decide accordance with law.
United Teleservices Ltd. v. ACIT (2021)86 ITR 36 (SN) (Kol.)(Trib.)S. 234B : Interest-Advance tax-Book profits-Capital gains before close of financial year-Directed to recompute interest [S.115JB, 234C]
Shipra Estate Ltd. v. ACIT (2021) 86 ITR 245 (Delhi)(Trib.)S. 201 : Deduction at source-Failure to deduct or pay-Non-resident-Time-Notice issued more than six years from end of financial year in which transaction took place-Proceedings barred by limitation. [S. 195, 201(1A)]
Sravan Shipping Services (P.) Ltd. v. Dy. CIT (IT) (2021) 86 ITR 6 (SN) (Vishakha)(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,)
Prestige Estates Projects Ltd. v. ACIT (2021) 86 ITR 629 (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)]
V. Ramprasad Raju v. CIT (2021) 86 ITR 33 (SN) (Bang.)(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]
Uttarakhand Uthan Samiti v. ITO (2021) 86 ITR 695 (Delhi)(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]
Meja Filling Station v. Dy.CIT (2021) 86 ITR 40 (SN) (All.)(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]
Navin Malde v. ACIT (2021) 86 ITR 17 (SN) (Indore)(Trib.)S. 153A : Assessment-Agricultural land-No incriminating material was found in the course of search-Addition not sustainable.
Mohd. Atique v. ACIT (2021) 86 ITR 4 (SN) (Indore)(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)]
Sensitive Vanijya P. Ltd. v. ACIT (2021) 86 ITR 99 (Kol.)(Trib.)