S. 143(3) : Assessment-Addition can only be made in respect of profits / income derived and not the entire turnover. [S. 263]
Nikhil Garg v. ITO (2022) 95 ITR 92/216 TTJ 33 (UO) /145 taxmann.com 171 (Jaipur)(Trib.)S. 143(3) : Assessment-Addition can only be made in respect of profits / income derived and not the entire turnover. [S. 263]
Nikhil Garg v. ITO (2022) 95 ITR 92/216 TTJ 33 (UO) /145 taxmann.com 171 (Jaipur)(Trib.)S. 132(4) : Search and seizure-Statement on oath-Merely on the basis of surrender when no corroborative evidence found against the assessee-Addition is not valid. [S. 132]
DCIT v. Ambreen Projects & Infrastructure (P) Ltd. (2022) 216 TTJ 38 / 213 DTR 41 (Delhi)(Trib.)S. 90 : Double taxation relief-Collection charges paid by AAI to the assessee in whatever name called i.e. either discount or commission, is nothing but service charge paid, for assessee collecting UDF (User Development Fees) and passing it on to AAI-Cannot be said to be the income derived from operation of aircraft-Appeal dismissed. DTAA-India-Germany. [Art. 7, 8]
Lufthansa German Airlines v. DCIT(IT) (2022) 64 CCH 261 / 95 ITR 17 (SN) / 216 TTJ 958 / 212 DTR 123 (Delhi)(Trib.)S. 80P : Co-operative societies-Status-Matter remanded for fresh adjudication. [S. 2(19), 80P(2)(a)(iii)]
ITO v. Sahkari Ganna Vikas Samiti (2022) 64 CCH 0228 / 216 TTJ 871 / 212 DTR 161 (All.)(Trib.)S. 80P : Co-operative societies-letting of “godowns” or “warehouses”-CAP storage-Considered a warehouse-Income from letting of CAP storage is eligible deduction. [S. 80P(2)(e)]
M. P. State Cooperative Marketing Federation Ltd. v. ACIT (2022) 216 TTJ 493 / 211 DTR 370 (Indore)(Trib.)S. 80IB : Industrial undertakings-Fertilizer subsidy-income derived from the business-Eligible for deduction. [S. 28(i)]
Tata Chemicals Ltd. v. Dy.CIT (2022) 216 TTJ 402 /95 ITR 134 (Mum.)(Trib.)S. 80IA : Industrial undertakings-Infrastructure development-Miscellaneous receipts from the sale of scrap-Eligible for deduction.-Block of assets-Insurance claims-Capitalized-Deduction not available. [S. 2(11)]
GVK Jaipur Expressway (P.) Ltd. v. Dy. CIT (2022) 216 TTJ 540 (Jaipur)(Trib.)S. 80G : Donation-Bona fide reason that challenging rejection of application under section 12A is sufficient to cover rejection of approval under section 80G as well, is a reasonable reason to condone delay in filing appeal challenging rejection of application under section 80G. [S. 12A]
Artemis Education & Research Foundation v. CIT(E) (2022) 192 ITD 173 / 92 ITR 45 / 210 DTR 113 / 216 TTJ 58 (Delhi)(Trib.)S. 69B : Amounts of investments not fully disclosed in books of Amount has to be explained as per the books of accounts maintained by the assessee-Explanation cannot be offered on the basis of amount reflecting in sister concerns books of account. [S. 145]
DCIT v. Ambreen Projects & Infrastructure (P) Ltd. (2022) 216 TTJ 38 / 213 DTR 41 (Delhi)(Trib.)S. 68 : Cash credits-Share Capital-Identity and creditworthiness established-Deletion of addition is held to be justified.-Additional evidence-AO has not raised any objection-Admission of additional evidence is held to be justified. [R. 46A]
ACIT v. Jiji Industries Ltd. (2022) 64 CCH 360 / 216 TTJ 858 / 212 DTR 81 (Indore)(Trib.)