S. 69 : Unexplained investments – Onus is on the assessee to explain the cash deposits and if no explanation is given, the amount can be assessed as assessee’s income. [S. 68, 260A ]
C.K. Ramakrishna v. ITO (2022) 212 DTR 74 / 325 CTR 560 (Karn)(HC)S. 69 : Unexplained investments – Onus is on the assessee to explain the cash deposits and if no explanation is given, the amount can be assessed as assessee’s income. [S. 68, 260A ]
C.K. Ramakrishna v. ITO (2022) 212 DTR 74 / 325 CTR 560 (Karn)(HC)S. 68 : Cash credits – Firm – Capital account- Onus was on assessee firm to prove the capacity of the partners who introduced cash as capital in the assessee firm – Amendment brought by Finance Act, 2021 which requires establishment of ‘source of source’ is clarificatory in nature. [S. 260A]
Basanta Maharana v. ITO (2022) 218 DTR 62 / 328 CTR 993 (Orissa)(HC)S. 12AA : Cancellation of registration-Trust or institution-Survey-No incriminating material was found-Accommodation entries- Cancellation of registration without giving an opportunity of cross examination is not valid. [S. 12A, 133A]
CIT(E) v. Mayapur Dham Pilgrim & Visitors trust (2022) 214 DTR 441 /328 CTR 984 (Cal)(HC)S.147: Reassessment – After the expiry of four years – Valuation of equity shares – Share premium – Income from other sources – No failure to disclose material facts – Notice of reassessment and order disposing objection was quashed .[ S. 56(2) (viib), 148 , Art , 226 ]
The Suminter Organic and Fair Trade Cotton Ginning Mill Pvt Ltd v .Dy.CIT ( Bom)( HC). www.itatonline .orgS.147: Reassessment – After the expiry of four years – Loans and advances to sister concern – Allegation of colourable device – No failure to disclose material facts – Notice of reassessment and order disposing objection was quashed . [S. 69, 148 , Art , 226 ]
Konark Life Spaces v .ACIT (2023] 149 taxmann.com 489 / 455 ITR 103 ( Bom)( HC) www.itatonline .org ( Bom)( HC) www.itatonline .orgS. 292CC : Authorisation and assessment in case of search or requisition-Separately in the name of each person-Validity-Search was conducted after introduction of section 292CC and not by applying provision retrospectively-Amendment is clarificatory in nature-Challenge to constitutional validity of section 292CC was rejected. [S. 132,132A, Art. 226]
SRS Mining v. UOI (2022) 328 CTR 510 / 217 DTR 321 /141 taxmann.com 272 (Mad.)(HC)S. 264 : Commissioner-Revision of other orders-Withdrawal of application-Rejection of prayer for withdrawal of application-decided the application on merit-Directed the Commissioner to decide the application for withdrawal as expeditiously as possible. [Art. 226]
Rajendra Singh v. UOI (2022) 217 DTR 433 / 328 CTR 915 / 144 taxmann.com 167/(2023) 291 Taxman 168 (MP)(HC)/Kaiteshwari Devi (Smt ) v UOI 217 DTR 433 / 328 CTR 915 ( MP )( HC)S. 254(1) : Appellate Tribunal-Duties-Remand by High Court-Industrial undertakings-Infrastructure development-Industrial Park-Tribunal is required to record finding of its own and could not merely remand matter to Assessing Officer. [S. 80IA(4)(iii]
Gopalan Enterprises (India) (P) Ltd. v. CIT (2022) 217 DTR 241 / 140 taxmann.com 235 (Karn.)(HC)S. 226 : Collection and recovery-Modes of recovery-Stay-Deduction at source-Interest-Bank deposits-Failure to deduct or pay-Application for stay of demand was dismissed-Directed to deposit 20 per cent of total demand-DTAA-India-China. [S. 201 (1), Art. 11(3), Art. 226]
Tata Teleservices Ltd. v. CIT (2022) 216 DTR 286 / 145 taxmann.com 142 (Delhi)(HC)S. 194N : Payment of certain amounts in cash-Tax deduction at source-Cash withdrawal-Primary agricultural co-operative societies (PACCSs)-Challenge to circular was dismissed-If primary agricultural co-operative societies qualify for exemption, they should seek redressal from competent authority as provided in section 194N. [Art. 226]
S. N. 299 Molasi Primary Agricultural Co-operative Credit Society Ltd. v. ITO (2022) 220 DTR 217 / 145 taxmann.com 222// (2023) 451 ITR 127/ 330 CTR 100 (Mad.)(HC)