S.143(3) : Assessment -Income from undisclosed sources — Deletion of additions based on facts —Held to be justified . [ S.132 ]
Navneet Jhamb v. ACIT (2020) 422 ITR 332 / 275 Taxman 166(P&H)(HC)S.143(3) : Assessment -Income from undisclosed sources — Deletion of additions based on facts —Held to be justified . [ S.132 ]
Navneet Jhamb v. ACIT (2020) 422 ITR 332 / 275 Taxman 166(P&H)(HC)S. 143(2) : Assessment – Notice – Defective return- Rectification of defects relates back to date of original return – Original return was filed on 10-09- 1996 – Defects removed on July 7, 2017- Notice u/s 143(2) was issued on August 9, 2018- Barred by limitation [ S.139 (1) 139(9) ,143(3) ]
Kunal Structure (India) Pvt Ltd v. Dy. CIT (2020) 422 ITR 482 / 269 taxman 440 (Guj)(HC).Editorial : SLP of revenue is dismissed. Dy.CIT v. Kunal Structure (India) Pvt Ltd (2021) 277 Taxman 401 (SC)S. 127 : Power to transfer cases – Transfer Of Assessments for purpose of Co-ordinated investigation — Reasons not disclosed in orders of transfer — Orders set aside.[ S.132 ,133A]
H. M. Steels Ltd v. PCIT (2019) 103 CCH 0492 /(2020) 422 ITR 160 (P&H)(HC)S.115WC: Fringe benefits tax — Constitutional validity- Parliament had power to enact Chapter Xii-H under entry 97 of Seventh Schedule to Constitution of India —Not violate of Article 14 of Constitution of India . [ Art , 14 ]
T. T. K. Prestige Ltd. v. UOI (2020)422 ITR 13/ 192 DTR 305/ 316 CTR 33/ 275 Taxman 455 (Karn)(HC)/Karnataka Drugs & Pharmaceuticals Manufacturers Assocition v.UOI (2020)422 ITR 13/ 192 DTR 305 / 316 CTR 33/ 275 Taxman 455 (Karn)(HC)/N.Rnagarao &Sons v .CIT (2020)422 ITR 13/ 192 DTR 305 / 316 CTR 33/ 275 Taxman 455 (Karn)(HC)S. 80JJA : Bio-degradable waste – Collecting and processing – Deduction allowed for four consecutive years —Deduction cannot be denied for fifth year.
CIT v. Maps Enzymes Ltd. (2020)422 ITR 554/ 193 DTR 318/ 317 CTR 230 (Guj)(HC)S. 80IA :Industrial undertakings – Production of power —Energy – Power would Include steam – Steam produced can be termed as power and would qualify for the benefits . [ S.80IA(4) ]
PCIT v. Jay Chemical Industries Ltd. (2020)422 ITR 449 / 107 CCH 0459/ 275 Taxman 78 (Guj) (HC)S.68: Cash credits — Unexplained money — Estimation of gross profit – Day to day stock register is maintained – Deletion of addition is held to be justified . [ S.153A ]
PCIT v. Omprakash Dhanwani (2018) 103 CCH 0493 /(2020) 422 ITR 315 (MP)(HC)S. 68 : Cash credits – Affidavit filed by the asesssee was not rebutted -Arbitrary rejection of explanation is not proper – Duty Assessing Officer to conduct proper enquiry-Matter remanded
Adhithiya Gears P. Ltd. v .ACIT (2019) 106 CCH 0435 /(2020)422 ITR 218/ 275 Taxman 350 (Mad)(HC)S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to truck owners towards freight charges – Commission agent – Form 15I was collected within time -Deletion of disallowance is held to be justified .[ S.194C ]
PCIT v. Dilipkumar Bapusaheb Patole (2020)422 ITR 426 / 107 CCH 0456 / 275 Taxman 449 Guj)(HC)S. 40(a)(ia): Amounts not deductible – Deduction at source -Recipient has declared the income – No loss to revenue – No disallowances can be made – Amendment with effect from 1-4-2013 is declarative and curative in nature . [ S.271C ]
CIT v. S. M. Anand (2019) 105 CCH 0508/(2020)422 ITR 209 (Karn)(HC)