S. 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-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.)S. 153A : Assessment–Search-Share application money–No incriminating material was found–Addition cannot be made–Opportunity to cross examination must be given of the entry operators. [S. 68, 132]
Dy. CIT v. Rashmi Metaliks Ltd. (2019) 72 ITR 226 / 201 TTJ 160 (Kol.)(Trib.) Dy. CIT v. Ramani Joseph (2019) 72 ITR 226 / 201 TTJ 160 (Kol.)(Trib.)S. 153A : Assessment–Search-No incriminating material was found-Addition cannot be made. [S. 68, 132]
Dy. CIT v. Pacific Industries Ltd. (2019) 72 ITR 634 (Jodh.)(Trib.) Dy. CIT v. Pacific Leasing And Research Ltd. (2019) 72 ITR 634 (Jodh.)(Trib.)S. 153 : Assessment–Limitation–Special audit under section 142(2A) is not in accordance with law, time limit for making assessment cannot be extended for time taken for special audit. [S. 142(2A)]
Consulting Engineering Services India (P) Ltd. v. ACIT (2019) 175 DTR 217 / 198 TTJ 21 (Delhi)(Trib.)S. 151 : Reassessment-Sanction for issue of notice-Share capital-Share premium-Approval-mechanical approval mentioning “Yes”–Non application of mind – Reassessment is held to be bad in law. [S. 147, 148]
Blue Chip Developers (P) Ltd. v. ITO (Trib.)(Delhi), www. itatonline.orgS. 151 : Reassessment-Sanction for issue of notice–Sanction by CIT instead JCIT–Reassessment is held to be bad in law. [S. 147, 151]
PCIT v. Khushbu Industries (Bom)(HC), www. itatonline. orgS. 148: Reassessment – Notice – Notice has been issued on wrong premise, reopening of assessment is not valid-Notice cannot be issued for certain examination [ S.147 ]
Computerland Integrators (India) Ltd. v. Dy. CIT (2019) 180 DTR 17 (Delhi)(Trib.)