S. 194H : Deduction at source–Bank guarantee commission–No principal-agent relationship–Not liable deduct tax at source. [s. 2(28A) and 194A(3)(iii)]
Navnirman Highway Project Pvt. Ltd. v. DCIT (2019) 75 ITR 67 (Delhi)(Trib.)S. 194H : Deduction at source–Bank guarantee commission–No principal-agent relationship–Not liable deduct tax at source. [s. 2(28A) and 194A(3)(iii)]
Navnirman Highway Project Pvt. Ltd. v. DCIT (2019) 75 ITR 67 (Delhi)(Trib.)S. 153A : Assessment-Search or requisition-Addition made towards undisclosed income on the basis of statement made after the period of search-having no nexus with the incriminating material found during search–not sustainable. [S. 132(4)]
Ultimate Builders v. ACIT (2019) 183 DTR 179 / 202 TTJ 91 / 74 ITR 566 (Indore)(Trib.)S. 153A : Assessment–Search-Addition to income on account of receipt of share application money and premium-AO not referring to any seized material or other material found during course of search-Addition is unsustainable.
Dy. CIT v. Madhyam Housing Pvt. Ltd. (2019)76 ITR 82 (Delhi) (Trib.)S. 153 : Assessment-Limitation-Capital gains-Reference to valuation officer–No extension of time for assessment as in case of reference under S. 142A-Assessment order to be passed on or before 31.03.2016 whereas the same was passed on 19.05.2016-Order barred by limitation. [S. 45, 50C, 55A, 142A]
Naina Saluja v. DCIT (2019) 76 ITR 135 (Luck.)(Trib.)S. 151 : Reassessment-Sanction for issue of notice-Approving authorities giving approval in mechanical manner-Reassessment invalid-Department failing to bring on record any evidence of income earned by assessee-Entire amount of doubtful transactions added as assessee’s additional income-Impermissible. [S. 147, 148]
Mukesh Chand Garg v. ITO (2019) 76 ITR 344 (Delhi)(Trib.)S. 147 : Reassessment–Information obtained from the sales tax department–No independent enquiry or application of mind-Reassessment invalid-Assessment–Notice-Issuance of notice u/s. 143(2) is mandatory – Failure renders the reassessment invalid [S. 69C, 143(2), 148]
Hari Steels and General Industries Ltd. v. DCIT (2019) 75 ITR 90/ 104 Taxmann.com 293 ( Delhi)(Trib.)S. 147 : Reassessment-Income from other sources–Reassessment proceedings initiated on suspicion-when nothing incriminating was found to suggest that anything over and above Re. 1 per share was paid by assessee-Reassessment is held to be invalid. [S.56(2)(viia), 148]
Priya Tools (P) Ltd. v. ACIT (2019) 182 DTR 249 / 201 TTJ 505 / 73 ITR 546 (Chd.)(Trib.)S. 147 : Reassessment–Reassessment proceedings initiated without any application of mind and examination of information received from investigation wing amounts to borrowed satisfaction–Notice is quashed. [S. 148]
Lakshya Ice & Cold Storage Pvt. Ltd. v. ITO (2019) 73 ITR 95 / 201 TTJ 211 / 56 CCH 281 / 181 DTR 153 (Agra)(Trib.)S. 147 : Reassessment–Legal representatives-Notice issued in name of deceased assessee-No subsequent notice issued on legal heirs of deceased assessee-Reassessment is not valid. [S. 148, 159]
Bhura Ram (Late) v. ITO (2019) 76 ITR 681 (2020) 206 TTJ 29 (UO ) (Jaipur)(Trib.)S. 147 : Reassessment-Jurisdiction of authorities-No specific order passed by principal CIT under section 120(4)(B) authorising Joint Commissioner to act as an AO-Reassessment Order passed by Joint Commissioner liable to be quashed. [S. 2(7A), 120(4)(b), 148]
Kishore Vithaldas v. JCIT (2019) 76 ITR 623 (Mum.)(Trib.)