S. 250 : Commissioner (Appeals)-Additional evidence-Evidence cannot be admitted without affording an opportunity to AO to cross-examine. [S. 250, R. 46A]
Dy. C. I. T. v. Roshan Lal Jindal (2019) 71 ITR 596 (Chd.)(Trib.)S. 250 : Commissioner (Appeals)-Additional evidence-Evidence cannot be admitted without affording an opportunity to AO to cross-examine. [S. 250, R. 46A]
Dy. C. I. T. v. Roshan Lal Jindal (2019) 71 ITR 596 (Chd.)(Trib.)S. 246A : Appeal-Commissioner (Appeals)-Appealable orders–Denial of liability–Not confined only to the liability to be assessed u/s. 143(3) of the Act-Liability to pay tax u/s. 115Q is also appealable order–Alternative remedy is available-Writ is not maintainable. [S. 15QA, 143(3), Art. 226]
Genpact India Private Ltd. v. DCIT (2019)419 ITR 440/ 311 CTR 737/ 184 DTR 17 / 111 taxmann.com 402/ ( 2020) 268 Taxman 299 (SC), www. itatonline. org Editorial : Order in Genpact India Private Ltd. v. DCIT (2019) 419 ITR 370 / 181 DTR 361 / 310 CTR 505 / 108 taxann.com 340 (Delhi)(HC) is affirmed.S. 234E : Fees under section 234E-Transaction where purchase of multiple flats is made through a single letter of allotment and separate TDS statement are filed–Not to be treated as single transaction–Levy of fees is held to be valid-Appeal against levy of fees under section 234E is maintainable before CIT(A). [S. 194IA, 200(3), 246A]
Cornerview Construction & Developers (P.) Ltd. v. ACIT (2019) 56 CCH 391/180 DTR 161/178 ITD 478/202 TTJ 505 (Mum.)(Trib.)S. 206C : Collection of tax at source-Sale of scrap–Tax cannot be collected at source on those items which are capable of being used as such without any modification. [S. 206 (1)]
ACIT v. Bansal Ship Breakers (P.) Ltd. (2019) 178 ITD 473 (Ahd.)(Trib.)S. 195 : Deduction at source-Non-resident-Income deemed to accrue or arise in India–Royalty–Doctrine of treaty override–DTAA-India–Singapore [ S.9(1)(vi), Art.12]
ACIT v. Reliance Jio Infocomm Ltd ( 2019) 184 DTR 139 /( 2020) 77 ITR 578 (Mum.)(Trib) www. itatonline.orgS. 160 : Representative assessee-Transparent entities-When an assessee is a representative assessee of a tax transparent entity, it is the status of beneficiaries or constituents of tax transparent entities which is relevant for the purpose of determining treaty protection–DTAA–India–Netherlands. [S. 10(38), 45, Art.13]
ING Bewaar Maatschappiji BV v. DCIT ( 2019) 184 DTR 321 (Mum.)(Trib.), www.itatonline.orgS. 154 : Rectification of mistake-When issues were debatable one, where more than one opinion was possible, no adjustment under section 143(1)(a) is permissible. [S. 143(1)(a)]
City Manager Association v. ACIT(2019) 74 ITR 57 (SN) (Ahd.)(Trib.)S. 154 : Rectification of mistake–Failure to consider the Judgement of High Court or Supreme Court–Mistake apparent from record-Can be subject matter of rectification though the claim is not made during original assessment proceedings or appellate proceeding.
Dy. CIT v. Sharda Cropchem Ltd. (2019) 178 DTR 83 / 71 ITR 141 / 199 TTJ 960 (Mum.)(Trib.)S. 153A : Assessment-Search or requisition-Share application moneys-no evidence of receipt of unsecured loan-In the absence of incriminating material found during search-Addition on account of share application money is held to be not justified. [S. 68, 132(4)]
Dy. CIT v. Krishna Marble (2019) 72 ITR 418 (Jodhpur)(Trib.)S. 153A : Assessment-Search or requisition-Assessment for relevant year completed-No addition could be made. [S. 68, 132]
Dy. CIT v. Jammu Metalic Oxides Pvt. Ltd. (2019) 72 ITR 449 (Jaipur) (Trib.)