This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 194C : Deduction at source-Contractors-Provision is applicable only when assessee has paid or credited any charges covered thereunder-Estimated excessive wastage treated as Making charges-Disallowance cannot be made for failure to deduct tax at source. [S. 40(a)(ia)]

Siva Valli Vilas Jewellers (P) Ltd. v. DCIT (2021) 212 TTJ 101 / 202 DTR 89 (Chennai)(Trib.)

S. 154 : Rectification of mistake apparent on record-No format prescribed for rectification application-A simple letter can be considered as a rectification application even if it does not mention to be a rectification application-substantial justice prevails over technical consideration-Revenue cannot take undue benefit of the negligence of Assessee with regards to his rights-Long term capital gains on sale of property is directed to be excluded. [S. 45].

Anant Raj v. Dy. CIT (2021) 188 ITD 321 / 212 TTJ 836 / 206 DTR 33 (Delhi)(Trib.)

S. 153C : Assessment-Income of any other person-Search-No incriminating evidence found-Addition cannot be sustained.[S. 132]

Harbhajan Kaur (Smt.) v. DCIT (2021) 90 ITR 71 / 212 TTJ 40 (UO) (Chd.) (Trib.)

S. 153C : Assessment-Income of any other person-Search-Cash Credits-Addition cannot be made in the absence of any incriminating materials found during search-Addition cannot be made without providing copies of statement recorded and an opportunity of cross examination. [S. 68, 132]

ACIT v. CMG Steels Pvt. Ltd (2021) 212 TTJ 643 / 205 DTR 6 (Chennai)(Trib.)

S. 153A : Assessment-Search-Valuation report-Valuation report cannot be held to be incriminating material-Addition held to be not valid-DDIT (Inv)/ADIT (Inv) was empowered to make reference to Valuation Officer inserted by section 132(9D) only after 1-4-2017 by an amendment by Finance Act, 2017 [S. 132,132(9D), 142A]

ACIT v. Narula Educational Trust. (2021) 189 ITD 31 / 86 ITR 365 / 211 TTJ 39 / 205 DTR 95 (Kol.)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Non issuance of notice-Mechanical satisfaction of P without application of mind-Reassessment not sustainable. [S. 69, 147, 148, 282]

Simar Kaur (Smt.) v. ACIT (2021) 212 TTJ 236 / 203 DTR 377 / 89 ITR 635 (SMC) (Chd.)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Satisfaction recorded in a mechanical manner without application of mind-Additional ground Reopening held to be invalid. [S.147, 148, 254 (1)]

Satnam Singh v. ITO (2021) 212 TTJ 1 (Amritsar)(UO)(Trib.)

S. 148 : Reassessment-Notice-Reasons for reopening not supplied-Directed to supply reasons for reopening and only after disposal of objections, if any, raised, AO would proceed to re compute income of assessee in accordance with law-Matter remanded. [S. 69B, 147]

Jitender Kumar Gupta (HUF) v. ACIT (2021) 189 ITD 714 (Hyd.)(Trib.)

S. 147 : Reassessment-Change of opinion-Exemption-Notice was quashed on account of change of opinion and first proviso too section 147. [S. 10(26BBB), 148]

Uttarakhand Purv Sainik Kalyan Nigam Limited v. ITO (2021)190 ITD 193/ 212 TTJ 498/ 203 DTR 279 (Dehradun)(Trib.)

S. 147 : Re-assessment-Search-On money-Additional ground-AO made reopening relying upon information received from search proceedings in case of third party-Held reassessment proceedings null and void-Only 153C valid in case of information received from third party-Assessment was quashed. [S.132, 148, 153A, 153C, 254(1)]

ACIT v. K. S. Chawla & Sons (HUF) (2021) 212 TTJ 199 / 203 DTR 180/(2022) 95 ITR 294 (Delhi)(Trib.)