S. 153C : Assessment-Income of any other person-Search-Share premium-Identity and credit worthiness is not established-Addition is affirmed-Protective addition-Substantive addition.
Surya Vincom P. Ltd. v. ACIT (2024)114 ITR 49 (SN)(Delhi) (Trib)S. 153C : Assessment-Income of any other person-Search-Share premium-Identity and credit worthiness is not established-Addition is affirmed-Protective addition-Substantive addition.
Surya Vincom P. Ltd. v. ACIT (2024)114 ITR 49 (SN)(Delhi) (Trib)S. 153C : Assessment-Income of any other person-Search–Six assessment years to be reckoned from date of recording of satisfaction-AY. 2004-05 is beyond six years-Order is quashed and set aside. [S. 132]
Esha Securities P. Ltd. v. Dy. CIT (2024)114 ITR 24 (SN)(Delhi)(Trib)S. 153C : Assessment-Income of any other person-Search-Cash credits-Share premium-Identity and credit worthiness not established-Order of CIT(A) is affirmed. [S. 68, 153A]
Surya Vincom P. Ltd. v. ACIT (2024)114 ITR 49 (SN)(Delhi)(Trib)S. 153C : Assessment-Income of any other person-Search-Six assessment years to be reckoned from date of recording satisfaction-Satisfaction recorded on 23-11-2010-Assessment Year2004-05 is beyond six assessment years-Order is bad in law.[S. 132]
Esha Securities P. Ltd. v. Dy. CIT (2024)114 ITR 24 (SN)(Delhi)(Trib)S. 153C : Assessment-Income of any other person-Search-Satisfaction-Note prepared by Assessing Officer of Assessee-Jurisdiction wrongly invoked-Assessment Order is quashes. [S. 132, 153A]
Bhushan Finance P. Ltd. v. Dy CIT (2024)114 ITR 51 (SN)(Delhi)(Trib)S. 153A: Assessment-Search-Suppression of sales-Assessing Officer to make estimation of gross profit rate on suppressed sales-Without evidence of suppression of sales, extrapolation of suppressed sales of part of month for those years impermissible-Addition can be made only for sales suppression detected during search applying gross profit rate of sales accounted in books of account.[S. 132]
New Saravana Stores Bramandamai v. Dy. CIT (2024)114 ITR 54 (SN)(Chennai)(Trib)S. 153A: Assessment-Search-Suppression of sales-Running retail outlets dealing in gold-Assessing Officer is directed to make estimation of gross profit rate on suppressed sales. [S. 142(1)]
New Saravana Stores Bramandamai. v. Dy. CIT (2024)114 ITR 54 (SN.)(Chennai)(Trib)S. 147 : Reassessment-Information from Additional Director of Income-Tax (Inv.)-Advance receivable-Recorded in the books of account-All advances and payments made through banking channels-Re assessment is not valid.[S.143(3), 148]
Tej Organisers P. Ltd. v. ITO (2024)114 ITR 61 (SN) (Ahd)(Trib)S. 147 : Reassessment-Residential status-Fictitious loss-Reassessment notice on the assumption as resident-Reopening Based on receipt of information of escapement of income-Assuming as non-resident-Proceedings in status of Non-resident is bad in law-In Income-tax matters, the law to be applied is the law in force for the relevant assessment year unless otherwise stated or implied. [S. 133A, 143(3) 144C(15(b)(ii) 148]
Rahul Agarwal v. Dy. CIT (IT) (2024)114 ITR 67 (SN)(Bang)(Trib)S.147: Reassessment-Capitalisation fees-Cross examination is denied-Reassessment is quashed.[S. 132, 144A]
Aragounder Muthusamy v ITO (2024)114 ITR 47 (SN)(Chennai)(Trib)