S. 153C : Assessment-Income of any other person–Search Seized documents not belonging to assessee-No incriminating documents / materials seized–Addition cannot be sustained.
Unicon Merchants P. Ltd. v. JCIT (2019) 76 ITR 381 (Cuttack)(Trib.)S. 153C : Assessment-Income of any other person–Search Seized documents not belonging to assessee-No incriminating documents / materials seized–Addition cannot be sustained.
Unicon Merchants P. Ltd. v. JCIT (2019) 76 ITR 381 (Cuttack)(Trib.)S. 153A : Assessment–Search-Time limit for issue of notice u/s.143(2) and completion of assessment already lapsed as on date of search-An addition is unsustainable. [S. 143(2)]
Dy. CIT v. Forum Sales P. Ltd. (2019) 76 ITR 51 (SN) (Delhi)(Trib.)S. 153A : Assessment–Search-Assessee was not in existence at time of first search–No documents found in second search belonging to assessee-Payment of interest on post-dated cheques outside books beyond six months from sale deed-No addition could be sustained.
Utkarsh Realtech Pvt. Ltd. v. ACIT (2019)76 ITR 688 (Delhi)(Trib.)S. 151 : Reassessment-Sanction for issue of notice-Approval of commissioner in a mechanical manner without due application of mind and mentioning only “yes”-Reassessment is not sustainable. [S. 147, 148]
Blue Chip Developers P. Ltd. v. ITO (2019) 76 ITR 58 (SN.) (Delhi)(Trib.)S. 147 : Reassessment–Reopening on same issue merely for making fishing or roving inquiries is impermissible in law. [S. 148]
Anurag v. ITO (2019) 76 ITR 38 (SN) (Delhi)(Trib.)S. 147 : Reassessment–Notice-Notice was neither served upon assessee nor sent at proper address–Reassessment is held to be not valid. [S. 148]
Vikrant Tiwari v. ITO (2019)76 ITR 310 (Delhi)(Trib.)S. 147 : Reassessment-Reopening without jurisdiction-Non recording of satisfaction that income has escaped assessment by reason of failure on the part of Assessee to disclose material facts and hence quashed reopening proceedings.[S. 148]
Nandam Exim Ltd. v. Dy. CIT (2019) 76 ITR 34 (SN) (Ahd.)(Trib.)S. 147 : Reassessment-Reasons recorded and additions made–CIT(A) deleted some additions which formed part of reasons–other additions not part of reasons survived-held no other addition could survive in respect of which reasons are not recorded. [S. 148]
Naresh Kumar Garg, Prop. Grag Electricals v. ACIT (2019) 76 ITR 18 (SN) (Delhi)(Trib.)S. 147 : Reassessment-Invalid if the ground on which reopening have been done has disappeared-Incorrect reasons recorded. [S. 14A, 148]
Vibhut Builders and Engineering P. Ltd. v. ITO (2019) 76 ITR 24 (SN) (Delhi)(Trib.)S. 147: Reassessment-Audit objection-Full and true disclosure of facts by assessee during original assessment-Mere change of opinion-Reopening invalid and bad in law. [S. 10(23C)(iiiab), 148]
Sanatan Dharam Shiksha Samittee v. ITO (2019) 57 CCH 367 / 76 ITR 25 (SN) (Delhi)(Trib.)